MONDAY, OCTOBER 7, 1985
COMMENTS ON LAW REFORM COMMISSION REPORT INVITED
*******
A GOVERNMENT SPOKESMAN TODAY THANKED THE LAW REFORM COMMISSION FOR ITS COMPREHENSIVE REPORT AND PROPOSALS COVERING CONFESSION STATEMENTS AND THE IR ADMISSIBILITY IN CRIMINAL
PROCEEDINGS, AND INVITED COMMENTS FROM BOTH THE LEGAL PROFESSION AND THE PUBLIC.
+SOME OF THE PROPOSALS ARE CONTROVERSIAL AND THE GOVERNMENT HAS NO INTENTION OF MAKING ANY DECISION ON THEM UNTIL THE VARIOUS ISSUES HAVE BEEN OPENLY DEBATED AND ALL COMMENTS CAREFULLY CONSIDERED,+ HE SAID.
HE NOTED THAT THE PROPOSALS HAD BEEN MADE AFTER EXTENSIVE CONSULTATION WITH THE LEGAL PROFESSION, LAW ENFORCEMENT AGENCIES AND OTHER INTERESTED PARTIES, WHO WERE ALSO REPRESENTED ON THE SUB-COMMITTEE APPOINTED BY THE COMMISSION TO LOOK INTO THE ISSUE.
+THIS REPORT IS THE CULMINATION OF ALMOST FOUR YEARS OF WORK SINCE THE ATTORNEY GENERAL AND CHIEF JUSTICE ASKED THE COMMISSION TO CONSIDER CONFESSION STATEMENTS AND THEIR ADMISSIBILITY IN CRIMINAL PROCEEDINGS, THE SPOKESMAN SAID,
THE QUESTIONS RAISED WERE:
*
TO WHAT EXTENT ARE CURRENT LAWS AND PROCEDURES ON CONFESSION STATEMENTS AS APPLIED IN HONG KONG SUITED
TO THE BEST INTERESTS OF THE COMMUNITY, INCLUDING THOSE OF THE INDIVIDUAL AND
* WHAT CHANGES, IF ANY, IN LAW OR PROCEDURE WERE NECESSARY
OR DESIRABLE?
+WHILE THE SUB-COMMITTEE WHICH DRAFTED THE REPORT WAS UNANIMOUS IN ITS VIEWS, THE COMMISSION ITSELF WAS DIVIDED ON THE PROPOSAL THAT A JURY SHOULD BE ENTITLED TO DRAW AN ADVERSE INFERENCE FROM AN ACCUSED'S REFUSAL TO ANSWER POLICE QUESTIONS, THE SPOKESMAN SAID.
+ IT IS WELL UNDERSTOOD THAT THIS IS A CONTROVERSIAL SUBJECT IN HONG KONG AS WELL AS ELSEWHERE, HE SAID. +GOVERNMENT REGARDS IT AS MOST IMPORTANT THAT THE MATTER RECEIVES A THOROUGH PUBLIC AIRING SO THAT INDIVIDUALS, GROUPS AND THE LEGAL PROFESSION CAN PUT FORWARD THEIR VIEWS.+
THE SPOKESMAN SAID NO DEADLINE HAD BEEN FIXED FOR SUBMISSION OF COMMENTS AS THIS WOULD DEPEND ON GENERAL REACTION.
COMMENTS SHOULD BE SENT TO THE ATTORNEY GENERAL'S OFFICE, CENTRAL GOVERNMENT OFFICES, HONG KONG, HE SAID.
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