FRIDAY, MARCH 1, 1985
7
BILL PROVIDES CHANGES IN COMMERCIAL CRIME TRIALS
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A BILL BASED ON EARLIER PROPOSALS TO IMPROVE THE ARRANGEMENT FOR THE TRIAL OF COMPLEX COMMERCIAL CRIMES IS PUBLISHED IN THE GAZETTE TODAY AND WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON MARCH 13.
THE BILL TAKES INTO ACCOUNT THE VIEWS OF THE PUBLIC AND IN PARTICULAR THOSE OF THE LEGAL PROFESSION AND THE COMMERCIAL, FINANCIAL AND INDUSTRIAL SECTORS ON THE PROPOSALS CONTAINED IN THE PUBLIC DISCUSSION PAPER PUBLISHED IN JULY LAST YEAR.
A GOVERNMENT SPOKESMAN SAID, GENERALLY, THE PUBLIC AGREED THAT THE PRESENT SYSTEM WAS NOT SATISFACTORY AND RECOGNISED THAT LAY JURORS AND JUDGES WITHOUT COMMERCIAL EXPERIENCE DID NOT HAVE THE KNOWLEDGE NECESSARY TO ASSESS THE EVIDENCE IN COMPLEX BUSINESS CRIMES.
THERE WERE DIFFERENT DEGREES OF SUPPORT FOR THE WAYS IN WHICH THE PROBLEM SHOULD BE TACKLED, BUT ON THE WHOLE THE PROPOSALS ADVANCED IN THE DISCUSSION PAPER FOR A COURT CONSISTING OF A JUDGE AND COMMERCIAL ADJUDICATORS, APPOINTED BY ORDER OF THE CHIEF JUSTICE, WERE STILL CONSIDERED THE BEST SOLUTION.
THERE WERE SOME CRITICISMS OF THE DETAILS OF THE DRAFT LEGISLATION ATTACHED TO THE PAPER, WHICH HAD NOW BEEN MODIFIED TO FORM THE PRESENT BILL, THE SPOKESMAN ADDED.
THE ORIGINAL DRAFT PROVIDED FOR TWO ADJUDICATORS TO SIT WITH THE JUDGE, A UNANIMOUS VERDICT, AND DID NOT PROVIDE FOR THE JUDGE TO SÚM UP OR TO GIVE REASONS FOR THE VERDICT. THE NUMBER OF ADJUDICATORS IS NOW PROPOSED TO BE THREE, PROVISION IS MADE FOR A MAJORITY VERDICT, AND_THE_JUDGE WILL HAVE TO SUM UP THE EVIDENCE BEFORE THE COURT RETIRES TO CONSIDER THE VERDICT.
THE PRESENT BILL ALSO PROVIDES FOR A SIMPLIFIED PROCEDURE TO OBTAIN AN ORDER FOR TRIAL BY JUDGE AND COMMERCIAL ADJUDICATORS WHERE ALL THE PARTIES CONSENT.
INSTEAD OF ALLOWING UNRESTRICTED QUESTIONS BY THE ADJUDICATORS, WHO MIGHT BE IGNORANT OF LEGAL PROCEDURE, THE BILL NOW GIVES THE JUDGE DISCRETION TO DISALLOW QUESTIONS,
THE TRIAL OF COMMERCIAL CRIMES BILL 1985 IS SCHEDULED TO RECEIVE ITS THIRD READING ON MAY 15, 1985. ANYONE WHO WISHES TO COMMENT ON ITS PROVISIONS MAY WRITE TO UMELCO, AT SWIRE HOUSE 12TH FLOOR, OR TO THE ATTORNEY GENERAL'S CHAMBERS, AT THE CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.