COMPLEX COMMERCIAL CRIMES BILL 1988
(a) a statement containing a concise account of the facts on which the
prosecution case is based (a "prosecution case statement");
(b) copies of the statements of the witnesses (including expert wit- nesses) whom the prosecutor intends to call at the trial after the jury has been empanelled;
(c) a list of exhibits, and copies of any documentary exhibits, that the prosecutor intends to have produced at the trial after the jury has been empanelled;
(d) a statement of any proposition of law specifically applicable to the prosecution case in relation to which the prosecutor anticipates there is likely to be a dispute; and
(e) any other explanatory document the judge considers appropriate. (2) The prosecutor may, without the leave of the court, amend the prosecution case statement at any time before the judge has ordered the accused to serve and deliver a defence response under section 16 and, where he does so, he must serve on the accused and deliver to the court a copy of the amended prosecution case statement.
(3) The judge may order the prosecutor to prepare explanatory material in such a form as appears to the judge to be likely to aid comprehension by the jury, and to deliver it to the court and serve it on the accused in that form.
(4) Nothing in subsection (1) shall entitle the accused to receive a copy of any document which has already been served on him under section 80B(1) of the Magistrates Ordinance.
(5) A statement of a witness of which a copy is served and delivered under subsection (1) shall—
(a) be signed by the person who made it;
(b) contain a declaration by the witness to the effect that it is true to the best of his knowledge and belief and, if the statement was made in Hong Kong, that he made the statement knowing that the making of a false statement is an offence under section 33 of the Crimes Ordinance;
(c) if made by a person under 21, give his age;
(d) purport to have been read over to the person who made the statement in the language used by that person in making the statement or to have been read by that person.
(6) Where a person refuses to make or sign a statement for the purposes of subsection (1), the prosecutor, if he desires to call that person as a witness, shall, in place of such a statement, serve and deliver under subsection (1) a statement of the evidence the prosecutor believes that person will give.
(7) The judge may order any document served and delivered under subsection (1) to be translated into English or Chinese or both such languages, as he considers appropriate.
(8) An exhibit which is mentioned in the list of exhibits served and delivered under subsection (1) shall be clearly identified in a statement of a witness of which a copy is served and delivered under that subsection and the accused shall be given reasonable opportunity to examine any such exhibit.
(Cap. 227)
(Cap. 200)
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