Some friends asked me questions about the anonymity of Mr X in the blackmail trial.

 

Why could he remain anonymous?

 

This is a case tried in the District Court. For district judges or magistrates, we generally refer them as statutory creatures. That means whatever jurisdiction they have, there is legislation empowering them to do so. From time to time, the prosecution will apply to court to hear the case in camera閉門聆訊or request that the identity of the witness in the case be made anonymous. There are various reasons for such an application. You can go to http://www.legislation.gov.hk/ and then go to chapter 221 Criminal Procedures Ordinance and then go to sections 122 and 123. You will see the empowering section for the court to do so. It is in the interests of justice, public order or security, the court will consider to hold the trial in camera or withhold the identity of the witness by imposing a gag order not allowing anyone to hint or report the identity of the witness in the gag order.  In the case of Mr X, you can say it is in the interests of justice to withhold his name. Witness is encouraged to come forward to testify without the fear of his identity known and causes embarrassment or pressure. Mr X is of course despised by most people morally. Be that as it may, he is the victim in the blackmail case even though you may think the young receptionist has fallen prey to this sugar daddy's sexual venture. Being a dirty old man is not a crime but blackmailing the dirty old man is. The defence of course would object to the anonymity of the witness. This is a defence tactic to explore every possibility to discourage the witness from coming forward. In a lot of cases, without the crucial witness, the prosecution case will collpase.

 

In 何守信's blackmail case, 錢志明字母小姐案 or a lot of other police or ICAC undercover cases, the prosecution made application to gag the revelation of identity of the witness.