1988 Ed.]
Complex Commercial Crimes
[CAP. 394
11
(3) Where an accused is required to serve and deliver a notice under subsection (2) and he wishes to refuse to make an admission or come to an agreement, it is sufficient, if the document, fact or matter to which his refusal relates is central to a fact on which he takes issue with the prosecution as indicated in the defence response, to give this as a reason.
(4) If it appears to the judge that reasons given in pursuance of subsection (2) above are inadequate, he shall so inform the person giving them, and may require him to give further or better reasons.
(5) Any fact or matter admitted or agreed in a notice served by the accused in compliance with an order under subsection (2) shall be treated as an admission of that fact or matter.
(6) Any document which it is agreed under this section ought to be admitted as evidence without further proof shall be admissible in evidence on its production by the prosecutor without further proof.
Dispensing with attendance of witness
18. (1) Where in the course of a preparatory hearing it appears to the judge, after hearing any representations that the accused and the prosecutor may wish to make, that-
(a) the attendance of any witness at the trial after the jury has been empanelled cannot be procured without such expense or inconvenience as in the circumstances of the case would be unreasonable; and
(b) having regard to the nature of the evidence sought to be admitted, it is unnecessary to lead such evidence before the jury,
the judge may allow the witness to give his evidence at the preparatory hearing.
(2) Where evidence is given under this section the prosecutor or the accused, as the case may be, shall be given full opportunity of cross-examining the witness.
(3) Evidence given under this section shall be recorded, transcribed, read over to and signed by the witness and also by the judge.
(4) Evidence given under this section shall be admissible in evidence at the trial after the jury has been empanelled even though the deponent is not called as a witness at that time.
(5) Any written statement admitted in evidence under this section shall, unless the judge otherwise directs, be read aloud at the trial after the jury has been empanelled and, where the judge so directs, an account shall be given orally of so much of any statement as is not read aloud.
(6) Any document or thing referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as an exhibit produced and identified in court by the maker of the statement.
Restrictions on reports of preparatory hearing
19. (1) Except as provided in subsection (2), no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of a preparatory hearing containing any matters other than matters permitted by subsection (5).