WEDNESDAY, MAY 2, 1984
10
AMENDMENTS MADE TO MAGISTRATES BILL
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THE HON PETER C WONG, AN UNOFFICIAL MEMBER OF THE LEGISLATIVE COUNCIL, TODAY MOVED AN AMENDMENT TO THE MAGISTRATES (AMENDMENT) BILL 1984.
THE AMENDMENT WAS TO THE EFFECT THAT A STATEMENT OF THE DEFENDANT'S PREVIOUS CONVICTIONS WOULD NOT BE INCLUDED IN THE NOTICE OF PROSECUTION.
THE BILL PROVIDED FOR THE INCLUSION OF SUCH A STATEMENT AND THE INTENTION WAS THAT IN IMPOSING A PENALTY, THE MAGISTRATE MIGHT WISH TO TAKE INTO ACCOUNT THE DEFENDANT'S RECORD, HE OBSERVED.
SPEAKING AT THE RESUMED DEBATE, HE SAID, +HOWEVER, IT IS FELT THAT IF THE DEFENDANT CHOOSES TO PLEAD NOT GUILTY AND REQUIRES A HEARING, THE INCLUSION OF HIS PREVIOUS CONVICTIONS IN THE NOTICE OF PROSECUTION MAY PREJUDICE HIS CASE, + HE SAID.
+NORMALLY, THE COURT IS NOT INFORMED OF THE DEFENDANT'S RECORD UNTIL HE IS FOUND GUILTY. THIS IS TO ENSURE THAT THE COURT'S DECISION IS NOT INFLUENCED BY THE DEFENDANT'S PREVIOUS CONVICTIONS, HE ADDED.
MR WONG ALSO MOVED AN AMENDMENT TO GIVE THE DEFENDANT 35 DAYS, SEVEN MORE DAYS THAN THE 28 DAYS STATED IN THE BILL, TO FILE A WRITTEN NOTICE REQUIRING A HEARING.
+THIS WILL GIVE THE DEFENDANT AMPLE TIME TO CONSULT HIS LEGAL ADVISERS IF HE SO WISHES, AND TO MAKE UP HIS MIND WHETHER OR NOT TO REQUIRE A HEARING, HE EXPLAINED.
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ON THE BILL AS A WHOLE, MR WONG SAID THAT THE PROPOSALS WERE MEASURES DESIGNED TO MINIMISE TIME AND EFFORT WITHOUT COMPROMISING THE RIGHTS OF THE DEFENDANT IN THE ADMINISTRATION OF JUSTICE RELATING TO MINOR OFFENCES IN THE MAGISTRATE'S COURTS.
+THE NEW MEASURES WILL BENEFIT OFFENDERS TO WHOM THE BILL APPLIES AS THE SIMPLIFIED PROCEDURE WILL NOT REQUIRE APPEARANCE IN COURT.
+ IN A BUSY CITY LIKE HONG KONG, WHERE TIME IS A SCARCE COMMODITY, ANY TIME-SAVING DEVICE MUST BE GENERALLY WELCOME, HE SAID.
+
.+HOWEVER, THE RIGHT TO HAVE A COURT HEARING IS NOT TAKEN AWAY BY THE BILL. IF THE DEFENDANT SO CHOOSES, HE MAY APPLY FOR A HEARING, HE ADDED.
MR WONG SAID IT WAS ESTIMATED THAT THREE QUARTERS OF A MILLION CASES EACH YEAR WOULD NOT RESULT IN APPEARANCE IN COURT IF THE NEW MEASURES WERE ADOPTED.
THANKING THE