Professor Luke Marsh has published a co-authored book chapter entitled “The Law of Disclosure in Hong Kong: The Right to Silence and Adversarial Fairness” in E. Johnston and T. Smith (eds), Global Perspectives on the Law of Disclosure (Routledge, 2026).

About the chapter: Disclosure is regarded as an essential component of procedural fairness in Hong Kong’s criminal procedure, underpinned by longstanding common law principles. Prosecutorial obligations in this jurisdiction are notably extensive by comparative standards, mandating disclosure of any material capable of undermining the prosecution’s case or assisting the defence. Unlike in England and Wales, where successive waves of reform have diluted the scope of the right of silence and introduced onerous procedural expectations on defence disclosure, Hong Kong’s legal framework has, thus far, preserved a more traditional conception of adversarial justice. This chapter examines the operation of disclosure rules in Hong Kong criminal proceedings, focusing in particular on the asymmetry between prosecution and defence duties. The first part addresses the doctrinal foundations, judicial interpretations, and scope of the prosecution’s disclosure obligations, with reference to relevant case law and practical implementation. The second part explores defence disclosure largely in the context of a ruling from the Hong Kong Court of Final Appeal in HKSAR v Chan Chu Leung [2024] HKCFA 1, which reaffirmed the breadth of the right of silence in criminal proceedings. The chapter concludes with a comparative evaluation of developments in England and Wales, reflecting on whether Hong Kong’s approach remains justified in light of evolving practice outside the territory.

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