TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 179

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

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TI

Annex G (Page 4)

7 A witness-officer should be assigned from the

investigative team to protect witnesses and to

ensure their attendance in court.

Administration's comments This is as proposed

in the discussion document.

8

9

The Court of Appeal in England in R v Turner

(1975) 61 Cr. App. R. p. 67 cautioned against

relying too heavily on accomplice evidence and

against using the evidence of a major criminal to prosecute his minor accomplices. The purpose of accomplice evidence should be to secure the conviction of a chief protagonist rather than a large number of convictions against those of lesser criminality.

Administration's comments. Policy within the

Attorney General's Chambers is always to seek

prosecution of the chief protagonist. The courts

are well aware of the limitations of the

uncorroborated evidence of an accomplice.

In order to avoid fabrication and/or exaggeration of criminal culpability of others, the role of an accomplice as alleged by himself should be corroborated by further investigation and extensive enquiries before immunity is granted.

Administration's comments. The prosecutor must

satisfy himself with all the information to hand before immunity is granted. The Director of Public Prosecutions personally approves all grants of immunity.

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