TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 83

4.22

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Some judges will support a tariff reduction of approximately fifty per cent for an individual who pleads guilty and assists the Crown as a witness. This development is a recent one; the previous reduction offered was of the order of one third plus. It may need support for fear that it be abandoned in the face of ill-informed public criticism. An extension of the principles underlying this practice is the recent introduction of a scheme to encourage a career criminal who has been aprehended to divulge all previous criminal activity and act as a Crown witness against the individuals with whom he has been involved. The effect can be to roll up criminal gangs wholesale and seriously to undermine the cohesion of criminal enterprises. The individuals who agree to take part in such a scheme [based on experience gained in the United Kingdom resident informant practice] can expect, if they comply with their agreement, significant reductions in what would otherwise be lengthy prison sentences.

Option

4.23 The innovation described in paragraph 4.21 has considerable potential. It will not be without its critics, nor can it be expected to function perfectly. The option thus is for the community to give the scheme strong support. Without it, the scheme will have difficulty in succeeding and becoming well established.

Advantages and disadvantages

4.24

Advantages

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The use of accomplices as witnesses is an imported method of providing evidence against major criminals. It is often the only method by which the evidence can be provided against such criminals and without which they may not be brought to justice. The other advantage is that use of accomplices instils fear in gang members so that they cannot trust each other. While that does not of itself necessarily cripple the gang, it puts the gang more off balance than if it could operate in full confidence.

4.25

Disadvantages

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It is difficult to applaud a system whereby an individual has so much to gain by giving evidence. Ideally the Crown would wish to use, in such cases, persons who are least involved in the crime committed. But in practice the Crown is sometimes forced to seek the aid of a leading participant. Thus a drug courier may be offered a lesser charge in order to obtain evidence against his employer. It involves the risk that an accomplice may have his own purpose to serve such as by exaggerating the criminality of the accused and minimising his own. The ultimate safeguard against this risk is the careful, critical and sensible approach of Hong Kong juries to this kind of evidence.