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Clause 23 enables the accused to file a balancing defence case statement to the prosecution case statement.
But
This
is a purely optional document which will indicate the main lines
his of defence.
Under
Under the preparatory hearing procedure, many explanatory documents may be prepared to assist the jury. Clause 25, these and other aids to their understanding, such as transcripts, the speeches of counsel and the judges summing up, may be given to the jury.
The sanction for unnecessary or improper acts or admissions by any party (including the prosecutor) during the proceedings is costs. The party at fault may be ordered under Clause 26 to pay costs at any time during the proceedings.
Costs
may be awarded on a solicitor and own client basis, in other words to reimburse the costs actually being paid by the client.
The Bill enables rules to be made if necessary to regulate practice and procedure and also makes a number of consequential amendments to other Ordinances.
as
Sir, the length and complexity of some modern commercial crime cases and the problems encountered in their
This was trial are a matter of concern to the whole community. recognised as long ago 1984 when the original proposal for reform was made. Since then much has been learnt though the collective wisdom of the Hong Kong Select Committees, and Ad Hoc Groups, the Roskill Committee and the legislation implementing its recommendations.
He
The initiatives contained in this Bill will not solve all the problems but they do go a long way towards ensuring a more logical manner of trial. The Bill reflects the wishes of the community. In any criminal trial, it must be remembered that the community too are a party. The accused and the community both have the right to expect fair, impartial and efficient justice. All of us involved in the process of criminal trial
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