It is recognised practice in Hong Kong that a barrister may, if necessary, interview his lay client's potential witnesses, provided that the person instructing him in the matter or his representative is present.

Different considerations apply to prosecution Counsel and the following general guidance is therefore given:

(i) Counsel for the prosecution is in overall charge of the conduct of the case and should therefore not regard himself as appearing for a party.
(ii) Counsel for the prosecution may see and confer with investigator witnesses in the case but only if they have discharged some supervisory responsibility in the investigation.
(iii) Counsel for the prosecution ought not to confer with investigators or receive factual instructions directly from them on particular aspects of evidence to be given by them about which there is known or reasonably may be anticipated to be dispute.