FRIDAY, JULY 15, 1983
8
SUPREME COURT BUSINESS CLARIFIED
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A BILL TO CLARIFY WHAT BUSINESS MAY BE CONDUCTED IN THE SUPREME COURT DURING ITS VACATIONS IS PUBLISHED IN THE GAZETTE TODAY.
A GOVERNMENT SPOKESMAN EXPLAINED THAT SOME CONFUSION HAD ARISEN AS TO THE BUSINESS THAT MAY BE CONDUCTED IN THE SUPREME COURT DURING ITS VACATIONS. THIS WAS BECAUSE THERE ARE CONFLICTING DEFINITIONS OF THE TERM +PLEADING+ IN THE SUPREME COURT ORDINANCE AND THE RULES OF THE SUPREME COURT.
THE AMENDMENT BILL PUBLISHED TODAY REMOVES THIS CONFLICT AND PROVIDES THAT APART FROM THE HOLDING OF CRIMINAL TRIALS AND DETERMINING CRIMINAL APPEALS AND INCIDENTAL BUSINESS, WHAT MAY BE CONDUCTED DURING VACATIONS OF THE SUPREME COURT WILL BE PRESCRIBED BY RULES OF COURT.
THE OPPORTUNITY IS ALSO TAKEN TO CHANGE THE TITLE OF +COMMISSIONER OF THE HIGH COURT+ TO +DEPUTY JUDGE. IN LINE WITH UK PRACTICE AND A SIMILAR CHANGE ALREADY MADE TO THE TITLE OF TEMPORARY JUDGE IN THE DISTRICT COURT.
THE FIRST READING OF THE BILL AND COMMENCEMENT OF ITS SECOND READING WILL TAKE PLACE ON JULY 27. IT IS EXPECTED TO BE PASSED BY THE LEGISLATIVE COUNCIL ON AUGUST 3.
COMMENTS ON THE BILL MAY BE ADDRESSED TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE ATTORNEY GENERAL'S, CHAMBERS, AT THE CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.
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.7JEVITUD3200
-2092 3HT
Я07 230K3TH32
BILL SEEKS TO REDUCE DELAY IN JUDICIAL PROCESS TAHW **** VICCI JATOT BHT TAHT POW3770 BAJUDITRAR 3HT A03 *900 347 380738 21
THE GOVERNMENT IS SEEKING TO REDUCE DELAY IN THE JUDICIAL PROCESS BY PROPOSING AUTOMATIC COMMITTAL OF DEFENDANTS WHO ARE CHARGED WITH AN INDICTABLE OFFENCE UNLESS THEY ELECT THAT, THERE SHOULD BE A PRELIMINARY INQUIRY.
1991 30 001939 AJTAOH2
.01 A2
A GOVERNMENT SPOKESMAN EXPLAINED THAT AS THE LAW STANDS, COMMITTAL TO THE HIGH COURT FOR TRIAL MUST BE ORDERED BY A MAGISTRATE IF, AFTER HEARING EVIDENCE, HE IS OF THE OPINION THAT THERE IS SUFFICIENT EVIDENCE TO PUT THE DEFENDANT ON TRIAL IN THE HIGH COURT.
AT THE HEARING, EVIDENCE IS ADDUCED EITHER BY WAY OF WRITTEN STATEMENTS, WHICH MUST BE ACCOMPANIED BY CERTIFIED TRANSLATIONS, OR BY CALLING SOME OR ALL OF THE WITNESSES TO GIVE ORAL TESTIMONY. DEFENDANTS HAVE THE RIGHT TO HAVE WITNESSES CALLED OR TO CALL WITNESSES THEMSELVES AND TO CROSS-EXAMINE ANY CROWN WITNESSES, A RIGHT VERY RARELY EXERCISED AT PRESENT.
/FURTHERMORE, THE