Hong Kong Ordinances

PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE - SECT 45

Protection of informers

(1) Except as provided in subsection (3)—

   (a)  no information on the identity of an informer relating to an offence
        under this Ordinance shall be admitted in evidence in any civil or
        criminal proceedings; and

   (b)  a witness in any civil or criminal proceedings is not obliged or
        permitted—

        (i)    to disclose the name or address of any informer who has given
               information to the Director, any authorized officer or the
               police with respect to an offence under this Ordinance, or the
               name or address of any person who has assisted the Director,
               any authorized officer or the police in any way with respect to
               such an offence; or

        (ii)   to answer any question if the answer would lead, or would tend
               to lead, to discovery of the name or address of such informer
               or person,
if, in either case, the informer or the person is not himself a witness in
such proceedings.

(2) If any books, documents or papers that are in evidence or liable to
inspection in any civil or criminal proceedings contain an entry in which an
informer or person referred to in subsection (1)(b)(i) is named or described
or that might lead to his discovery, the court or magistrate shall cause all
such passages to be concealed from view or to be obliterated so far as may be
necessary to protect the informer or the person, as the case may be, from
discovery.

(3) If—

   (a)  in any proceedings for an offence under this Ordinance the court or
        magistrate, after full inquiry into the case, is satisfied that an
        informer made a material statement that the informer knew or believed
        to be false or did not believe to be true; or

   (b)  in any other proceedings the court or magistrate is of opinion that
        justice cannot be fully done between the parties concerned without
        disclosure of the name of an informer or of a person who has assisted
        the Director, any authorized officer or the police, the court or
        magistrate may require the production of the original information and
        permit inquiry and require full disclosure concerning the informer or
        the person.