WEDNESDAY, DECEMBER 21, 1983
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THIS WORK HAD NOT ACTUALLY COMMENCED, BUT THE PWSC HAD ALREADY RECOMMENDED THE UPGRADING TO CATEGORY A OF AN ITEM FOR IT, AND A START WAS ANTICIPATED VERY SHORTLY ON THIS DESIGN WORK WHICH WOULD NOW COVER THE WHOLE PROJECT, INCLUDING THE SECOND STAGE OF THE UPGRADING AS FAR AS TAI MEI TUK.
+ IT IS EXPECTED THAT TENDERS FOR THE CONSTRUCTION OF STAGE I FROM TAI PO INDUSTRIAL ESTATE TO SHUEN WAN WILL BE INVITED BEFORE THE END OF NEXT YEAR AND THAT WORK ON SITE WILL START ABOUT APRIL, 1985, AND BE COMPLETED BY MID-1987, AS PROGRAMMED,+ MR CHAN SAID.
CONSTRUCTION OF THE SECOND STAGE FROM SHUEN WAN TO TAI MEI TUK WAS SCHEDULED TO COMMENCE IN 1988, WITH COMPLETION DUE BY 1991.
NEW RULES ON COMMITTAL PROCEEDINGS
***
SUBSIDIARY LEGISLATION RELATING TO THE NEW STYLE OF COMMITTAL PROCEEDINGS, DESIGED TO SAVE TIME AND UNNECESSARY EXPENSE, WAS APPROVED BY THE LEGISLATIVE COUNCIL TODAY.
THE LAW DRAFTSMAN, MR GERALD NAZARETH, EXPLAINED THAT, IN AUGUST, AN ORDINANCE WAS INTRODUCED WHICH PROVIDES FOR THE VIRTUALLY AUTOMATIC COMMITTAL FOR TRIAL BY THE HIGH COURT OF A PERSON WHO HAS BEEN SERVED WITH A COPY OF THE CHARGE AND EVIDENCE.
MR NAZARETH EXPLAINED1 +BUT THIS, IN EFFECT, WOULD ONLY BE WITH THE AGREEMENT OF THAT PERSON AS HE IS GIVEN A RIGHT TO ELECT FOR AN OLD STYLE PRELIMINARY ENQUIRY. EVEN IF AN ACCUSED PERSON DOES NOT ELECT FOR AN OLD STYLE PRELIMINARY ENQUIRY, HE WILL NOT LOSE HIS VALUABLE RIGHT OF APPLYING FOR A DISCHARGE ON THE BAS IS THAT THERE IS NO CASE TO ANSWER.
*THE LEGISLATION ENACTED IN AUGUST EXPRESSLY PROVIDES A PERSON COMMITTED UNDER THE NEW PROCEDURE WITH A RIGHT TO APPLY TO A HIGH COURT JUDGE FOR A DISCHARGE. IT ALSO PROVIDES FOR SUCH A DISCHARGE TO OPERATE AS AN ACQUITTAL. ON THE OTHER SIDE OF THE COIN, THE LEGISLATION PROVIDES THE ATTORNEY GENERAL WITH A RIGHT TO APPEAL TO THE COURT OF APPEAL AGAINST SUCH AN ACQUITTAL.+
MR NAZARETH SAID THAT THE MAIN LEGISLATION ONLY CONTAINS FUNDAMENTAL PROVISION FOR THESE MATTERS, WITH MATTERS OF PROCEDURE AND DETAIL TO BE PROVIDED BY SUBSIDIARY LEGISLATION. THE CHIEF JUSTICE HAS NOW MADE THE NECESSARY SUBSIDIARY LEGISLATION IN THE FORM OF TWO SETS OF RULES - THE CRIMINAL PROCEDURE (APPLICATION UNDER SECTION 16) RULES 1983 AND THE CRIMINAL PROCEDURE (APPEAL AGAINST DISCHARGE) RULES 1983. THE FORMER PROVIDES FOR APPLICATIONS FOR DISCHARGE WHILE THE LATTER MAKES PROVISION FOR APPEALS.
+ IT IS INTENDED TO BRING THE NEW PROCEDURE INTO OPERATION WITHOUT DELAY, THAT IS, TO APPLY IT TO ALL COMMITTAL PROCEEDINGS THAT COMMENCE ON OR AFTER JANUARY 1, 1984, HE SAID.
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