10
WEDNESDAY, MAY 1, 1985
NEARLY ALL REGARDED THE BILL'S PROPOSAL AS AN IMPORTANT CHANGE TO OUR LEGAL SYSTEM AND CALLED FOR CAREFUL AND DETAILED CONSIDERATION.
THE MAIN OBJECTIONS WERE: FIRST, TRIAL BY JURY WAS A SAFEGUARD FOR CIVIC LIBERTIES AND IT SHOULD NOT BE REPLACED UNLESS THERE WAS CLEAR EVIDENCE THAT THE JURY SYSTEM WAS NOT WORKING PROPERLY OR UNSUITABLE FOR THE TRIAL OF THE TYPE OF CRIME UNDER CONSIDERATION; SECOND, IT WOULD BE DIFFICULT TO FIND AN ADEQUATE NUMBER OF IMPARTIAL ADJUDICATORS IN THE SMALL BUSINESS COMMUNITY OF HONG KONG.
MR WONG POINTED OUT THAT TWO OF THE REPRESENTATIONS WERE, HOWEVER, CAUTIOUSLY IN FAVOUR OF THE CONCEPT OF TRIAL BY A JUDGE AND COMMERCIAL ADJUDICATORS,
+ON BALANCE, IT APPEARS THAT THE COLLECTIVE EMPHASIS OF THE OPPOSITION TO THE BILL IS MORE ON THE TIMING THAN ON THE CONCEPT ITSELF, ALTHOUGH MANY THOUGHT THAT TRANSLATING IT INTO PRACTICE WOULD REQUIRE FURTHER CONSIDERATION AND RESEARCH, HE SAID.
ALL IN ALL, HE SAID, THERE WAS A STRONG DEMAND FOR DEFERRING THE BILL IN ORDER TO ALLOW MORE TIME FOR PUBLIC DISCUSSION WHILE SPECIFICALLY FOUR COMMON REQUESTS HAD BEEN IDENTIFIED:
* WAIT FOR THE ROSKILL COMMITTEE REPORT WHICH IS
LIKELY TO BE AVAILABLE LATER THIS YEAR SO THAT HONG KONG CAN USE ITS FINDINGS AND RECOMMENDATIONS FOR REFERENCE.
* CONSULT AS WIDELY AS POSSIBLE BEFORE ANY CHANGES ARE
MADE.
*
EXAMINE ALTERNATIVE WAYS OF SOLVING THE PROBLEM RELATING TO THE TRIAL OF COMPLEX COMMERCIAL CRIMES.
* REFER THE MATTER TO THE LAW REFORM COMMISSION FOR
CONSIDERATION.
AS REGARDS THE DETAILED PROVISIONS OF THE BILL, MR WONG OBSERVED THERE WAS UNANIMOUS OPPOSITION FROM ALL WHO HAD EXPRESSED VIEWS TO CLAUSE 7 WHICH PROVIDED THAT THE JUDGE WOULD RETIRE TO DISCUSS WITH THE ADJUDICATORS AFTER HIS SUMMING UP IN OPEN COURT AND THAT THE VERDICT WOULD BE DELIVERED WITHOUT ANY REASONS GIVEN.
+ANOTHER AREA WHICH HAS ATTRACTED CRITICISM IS CLAUSE 5 WHERE THE CHIEF JUSTICE IS EMPOWERED TO DECIDE WHETHER A PARTICULAR CASE SHOULD BE TRIED BY JUDGE AND ADJUDICATORS.
+THIS IS NOT SUBJECT TO APPEAL OR REVIEW, NOR IS HIS DECISION ON THE SELECTION OF ADJUDICATORS, HE ADDED.
/A SUBSTANTIAL