WEDNESDAY, APRIL 12, 1978
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EVIDENCE (AMENDMENT) BILL 1978
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A BILL WHICH SEEKS TO AMEND THE LAW TO EXTEND THE SECURITY GROUND OF EXEMPTION FROM GIVING EVIDENCE TO INCLUDE THE SECURITY OF THE UNITED KINGDOM OR ITS DEPENDENT TERRITORY WAS INTRODUCED IN THE LEGISLATIVE COUNCIL TODAY.
MOVING THE SECOND READING OF THE EVIDENCE (AMENDMENT) BILL 1978, THE ACTING SOLICITOR GENERAL, THE HON DAVID BOY, SAID THE EVIDENCE ORDINANCE CONTAINS PROVISIONS FOR THE TAKING OF EVIDENCE IN HONG KONG FOR USE IN CIVIL OR COMMERCIAL PROCEEDINGS IN THE COURTS OF OTHER TERRITORIES.
A WITNESS MAY, HOWEVER, BE EXEMPTED FROM GIVING EVIDENCE ON SEVERAL GROUNDS, INCLUDING SECURITY GROUNDS.
+BUT THIS GROUND, AS THE ORDINANCE STANDS AT PRESENT,+ MR. BOY SAID, +IS LIMITED TO EVIDENCE PREJUDICIAL TO THE SECURITY OF HONG KONG.+
+ IT IS CONSIDERED THAT THERE MIGHT BE CIRCUMSTANCES IN WHICH THE SECURITY OF THE UNITED KINGDOM OR A DEPENDENT TERRITORY OTHER THAN HONG KONG COULD BE PREJUDICED BY EVIDENCE, EVEN THOUGH THE SECURITY OF HONG KONG ITSELF WAS NOT AFFECTED.+
DEBATE ON THE BILL WAS ADJOURNED.
CRIMINAL PROCEDURE (AMENDMENT) (NO. 2) BILL 1978
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A BILL RESTORING CERTAIN PROCEDURAL POWERS RELATING TO APPEALS IN CRIMINAL CASES TO SUPREME COURT JUDGES WHO ARE NOT JUDGES OF THE COURT OF APPEAL RECEIVED ITS SECOND READING IN THE LEGISLATIVE COUNCIL TODAY.
MOVING THE CRIMINAL PROCEDURE (AMENDMENT) (NO. 2) BILL 1978, THE ACTING SOLICITOR GENERAL, THE HON. DAVID BOY SAID PRIOR TO THE CREATION OF THE COURT OF APPEAL IN 1976 AND THE APPOINTMENT OF JUDGES OF THE COURT OF APPEAL, THE FUNCTIONS NOW PERFORMED BY THAT COURT WERE PERFORMED BY THE FULL COURT.
MR. BOY EXPLAINED THAT ALL JUDGES OF THE SUPREME COURT WERE ALSO JUDGES OF THE FULL COURT AND, ACCORDINGLY, CERTAIN PROCEDURAL POWERS RELATING TO APPEALS IN CRIMINAL CASES, WHICH WERE VESTED IN THE FULL COURT, WERE EXERCISABLE BY ANY JUDGE.
HE ADDED, ON CREATION OF THE COURT OF APPEAL, REFERENCES IN LEGISLATION TO THE FULL COURT WERE REPLACED BY REFERENCES TO THE COURT OF APPEAL.
+THIS HAS, HOWEVER MEANT THAT JUDGES OF THE SUPREME COURT WHO ARE NOT JUDGES OF THE COURT OF APPEAL MAY NO LONGER HAVE THESE POWERS. IT IS DESIRAELE THAT THEY SHOULD, MR. BOY SAID.
DEBATE ON THE BILL WAS ADJOURNED.
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