FRIDAY, OCTOBER 30, 1987
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OF
MR THOMAS ALSO POINTED OUT THAT WHERE STATUTORY LIMITATION LIABILITY HAD BEEN REASONABLY SUCCESSFUL, NOTABLY IN THE FIELDS OF CIVIL AVIATION AND MERCHANT SHIPPING, IT HAD FOLLOWED A GREAT DEAL OF WORK AT INTERNATIONAL CONFERENCES LEADING ΤΟ INTERNATIONAL CONVENTIONS AND LEGISLATION IN EACH OF THE SIGNATORY STATES.
"90 YOUR PLEAS ON THIS TOPIC NEED TO BE ADDRESSED TO THE LAWMAKERS IN ALL THOSE COMMUNITIES WHERE YOU PRACTICE AND MAY BE SUED," HE SAID
OF
ON THE PROBLEMS RELATING TO THE PROSECUTION AND TRIAL COMPLEX COMMERCIAL CRIME CASES, THE ATTORNEY GENERAL SAID PROCEDURAL REFORMS WERE BADLY NEEDED IF BUSINESS FRAUDS WERE GOING TO CONTINUR TO BE TREATED AS CRIMES TO BE DEALT WITH BY THE CRIMINAL COURTS.
HE EXPLAINED THAT THEY WERE VASTLY DIFFERENT FROM THE OLD FELONIES OF MURDER, RAPE, AND ROBBERY FOR WHICH THE RULES WERK ORIGINALLY DEVELOPED.
NEARLY EVERYTHING TO BE DISCUSSED WAS IN THE FORM OF DOCUMENTS, SOMETIMES TENS OF THOUSANDS OF THEM, AND A GREAT DRAL OF TIME AND MONEY COULD BE WASTED IN PROVING THEM WHEN THEY SPOKE FOR THEMSELVES.
A BILL TO MAKE THE MODEST REFORMS RECOMMENDED IN 1986 BY A SELECT COMMITTEE ON COMPLEX COMMERCIAL CRIMES HAD BREN PROMISED BY THE GOVERNOR IN HIB OPENING ADDRESS TO THE LEGISLATIVE COUNCIL EARLIER THIS MONTH.
COMPLEX COMMERCIAL CRIMES WERE ALSO DIFFICULT TO BRING TO TRIAL FOR OTHER REASONS.
OF
BUSINESS
LIFE OFTEN MADE IT JURISDICTION TO TRY
THE MULTINATIONAL FEATURES DIFFICULT TO SHOW THAT ANY PARTICULAR COURT HAD AN OFFENCE WHERE DIFFERENT ACTS TOOK PLACE IN DIFFERENT PLACES. AND JUST AS MONEY TRAVELLED EASILY, SO COULD WITNESSES AND THOSE ACCUSED OF CRIME.
SEEKING THE RETURN FROM ANSWER CRIMINAL CHARGES,
"MY COUNSEL AND THE LAW ENFORCEMENT AGENCIES SPEND A LOT OF TIME AND EFFORT IN EXTRADITION PROCEEDINGS ABROAD OF THOSE WANTED IN HONG KONG ΤΟ MR THOMAS SAID.
INVOLVED IN EXTRADITION
"IN 1987 ALONE, WE HAVE BEEN PROCEEDINGS IN UK, USA, AUSTRALIA, CANADA, THE NETHERLANDS, FRANCE, MALAYSIA AND SINGAPORE."
HE SAID COMMERCIAL FRAUDS WERE DIFFERENT FROM OTHER CRIMES.
"THEY ARE FIRST OF ALL HARD TO DETECT, EVEN BY THE MOST ASTUTE AUDITOR OR INVESTIGATOR. THE VICTIM OF THE CRIME 19 NEVER THERE TO SHOUT 'STOP THIEF' OR 'RAPE' AND RUSH OFF TO THE POLICEMAN, POINTING
A FINGER.
/""THE ONE