TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 263

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Offence for disclosure to a person or any other person fact of person being subject to investigation without reasonable excuse. Urge Your Honour very dangerous territory rights of persons whose names might be

idly tossed around,

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Mr. Hampton:

Mr. Gunston:

I thought my learned friend was going to confine himself to question of names coming up but he apparently feels it appropriate time to initiate relevance of cross-examination on 2 aspects (1) in the murder investigation and (2) previous disclosures on tapes. Ho says that murder investigation appear to be of no relevance. Startled such a pronouncement. Admitted perjurer - not charged with it admittedly for his own protection not been proved but there is matter of strong inference he either deceived Court or permitted Court to be deceived at his om trial for the purpose of making facts against him appear loss serious. Clearly SO that he would come off better. Disclosure of names: Ho said it is very wrong that names of clearly innocent people should be bandied around in Court it might do them irreparable har. 2 names require to be ventil ted for the purpose of testing this witness's credibility. an not fishing in relation to these names instructed they are not innocent. Only criterion is whether it is going to prejudice ICAC investigation. I am willing to let my learned friend have these names in private before they are mentioned.

Also may be asking for names. Authority which shows how- ever unfortunate it may be to mention names

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rolevant to credibility of witnesses. Name of person accused was no more than a former Assistant Commissioner of Police.

No one suggested that name should not be mentioned.

Agreo it may be very unpleasant for person outside Court to have his name mentioned. In Case No. 13/75 it was mentioned. Cannot exclude evidence that someone may be damaged. Not suggesting that names should be idly tossed around. It pales into insignificance where justice is to

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