-1
1. 1985
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+IT IS OF COURSE, SIR, ONE THING TO CRITICISE PROPOSALS. IT IS ANOTHER TO FIND SOLUTIONS TO A PROBLEM. DO NOT THINK SIR, THAT THE PROBLEM WILL DISAPPEAR OR BECOME ANY EASIEP AS TIMÉ PASSES. THE COMPLEXITIES OF YESTERDAY'S CASES ARE BAD ENOUGH. BUT THE RAPID EVOLUTION HERE IN HONG KONG OF ELECTRONIC DATA PROCESSING WILL UNDOUBTEDLY PROVIDE NEW SCOPE FOR THE COMMERCIAL CRIMINAL. SOME CLAIM THAT THE NEW TECHNOLOGY IS MORE SECURE THAN FORMER MODES OF COMMUNICATION. BUT THERE HAVE BEEN DRAMATIC COMPUTER FRAUDS AND LOSSES REPORTED IN THE UNITED STATES. OUR COURTS MUST BE READY TO DISPOSE OF TOMORROW'S CRIMES FAIRLY AND EFFICIENTLY. BY 'FAIRLY' SIR, I DO NOT MEAN CONVICTIONS WHERE THERE ARE REASONABLE DOUBTS, BUT PROCEDURES THAT ENSURE THAT THE ISSUES AND THE EVIDENCE ARE PROPERLY UNDERSTOOD BY THE TRIBUNAL AND THAT THE VERDICT IS A JUST ONE. IT WOULD BE A SAD DAY IF AN ATTORNEY GENERAL FELT UNABLE TO AUTHORISE A PROSECUTION BECAUSE THE INEVITABLE COMPLEXITIES OF THE CASE PUT IN DOUBT A FAIR TRIAL.
+WHEN I MOVED THE SECOND READING ON 13 MARCH, I REMINDED MEMBERS OF THE WAY IN WHICH OUR PROPOSALS HAD TAKEN SHAPE.
AND ALL THAT NOW NEEDS TO BE SAID IS THAT THE PROCESS OF CONSULTATION WHICH MR PETER C. WONG HAS GIVEN IN DETAIL BEGAN EARLY IN 1984 AND CONCLUDED AT THE END OF 1984 AFTER THE PUBLICATION OF A 92 PAGE DISCUSSION PAPER HAD FAILED TO PROVIDE A TRUE INDICATION OF THE DEPTH OF HOSTILITY TO CHANGE AND THE EXTENT OF CRITICISM OF THE PROPOSALS. I THINK IT IS NOW WELL APPRECIATED THAT GOVERNMENT WAS GIVEN A MISLEADING PICTURE.
+SOME OF THOSE WHO RESPONDED MAY HAVE GIVEN TOO LITTLE ATTENTION TO THESE ISSUES, SOME CRITICS, LIKE THE HONG KONG OBSERVERS, DID NOT RESPOND AT ALL. SOME RESPONDENTS HAVE SINCE ALTERED THEIR STANCE AND WITHDRAWN SUPPORT. THE ORGANISATION OF JUSTICE+ WHO IN JANUARY 1993 WERE ASKING MY PREDECESSOR URGENTLY TO RESEARCH PROPOSALS FOR COMMERCI AL CASES TO BE TRIED IN THE HIGH COURT WITHOUT A JURY NOW THINK THE JURY SHOULD BE RETAINED. ALTHOUGH COPIES OF THE DISCUSSION PAPER WERE SENT TO EVERY SINGLE MEMBER OF THE BAR, MORE LETTERS WERE RECEIVED FROM SUPPORTERS OF REFORM THAN FROM OPPONENTS. OUR ATTENTION WAS DRAWN TO THE RESOLUTION PASSED AT THE EXTRAORDINARY GENERAL MEETING OF THE BAR, BUT THERE WAS NO DETAILED RESPONSE FROM THE BAR ASSOCIATION TO THE DISCUSSION PAPER. THE LAW SOCIETY THE LARGEST GROUP OF LAWYERS IN THE COMMUNITY, HAS FRANKLY AND HONESTLY ADMITTED A CHANGE OF HEART, AND IN
AND IN DOING SO, SIR ROGER LOBO HAS REMINDED US, THAT THEIR PRESIDENT HAS ACKNOWLEDGED THAT THE GOVERNMENT ACTED ON A REASONABLE BELIEF OF SUPPORT.
/+AN OTTORIAL