A convicted conman who helped police capture a group of armed illegal immigrants had his sentence reduced in return, despite the help being given before the crimes for which he was jailed.
The Court of Final Appeal yesterday ruled that when considering the appropriate sentence for an offender, judges could take into account assistance rendered to police before the suspect's arrest.
In clarifying the law, the city's highest court acknowledged the vital role informants play in law enforcement and brought Hong Kong into line with the thinking of several other countries, including New Zealand and Australia.
'The use of the informer is a powerful weapon in the hands of the law-enforcement agencies,' Chief Justice Andrew Li Kwok-nang said. 'Criminals should be encouraged to inform on other criminals.
'Honour among thieves should be discouraged. Indeed, dishonour and betrayal among thieves should be encouraged.'
Assistance given to police after arrest has long been recognised as a mitigating factor at the time of sentencing. But the issue of what value, if any, to award information offered before the arrest has seen conflicting rulings in previous cases.
In the case before the court, the appellant - referred to only as Z - was convicted in November 2004 of five fraud and four theft charges. He was sentenced to 51/2 years in jail.
