5 -
prosecuting complex commercial
type
crime
is
of
the
transactions dealing with
sums
in
of money
A unique feature of this crime.
of volume
involved documentation many companies and bank accounts, both in and outside Hong Kong. Investigators require many months to unravel transactions which have been deliberately concealed by the fraudster. These transactions involve large and take place over many months or years. features make it necessary to produce thousands of documents at trial. We believe that it is essential to reduce the volume of documents required at trial and to simplify the issues for the
jury.
Taken together, these
Accordingly, in
chapter
4 of
our Report, recommended changes to existing pre-trial procedures.
we
have
As a first
to provide the defence step, the prosecution would be obliged with a detailed statement of its case, and concise summaries of all documentary evidence. The prosecution would not be allowed
case to
the
prosecution.
to depart from this case statement, except under exceptional circumstances. The defence would then be obliged to outline the This outline would nature of its indicate only the main lines of defence and its disclosure would be confined to the prosecution and judge. the prosecution and defence be obliged to
notices
documents and
issues in dispute to a minimum.
to admit
Sir,
facts
envisage we
to
We also recommend that
serve and respond to
in order
reduce
the
that the new pre-trial procedures would be supervised by the trial judge who would be assigned at
an early
early stage to conduct the case. Preparatory hearings, at which the judge would monitor the progress of the procedures in a particular case, would take place well in advance of the trial. We recommend that all pre-trial procedures in complex commercial the sanction of crime cases should be laid down in legislation.
counsel Of
costs
would be available
the to
trial judge where
solicitors failed to comply with them.