WEDNESDAY, JULY 6, 1988
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MEASURE WILL HELP REDUCE LENGTH OF TRIALS
THE COMPLEX COMMERCIAL CRIMES BILL 1988 WILL GO A LONG WAY TOWARDS REDUCING THE LENGTH AND COST OF COMPLEX COMMERCIAL CRIME TRIALS WITHOUT IMPINGING UPON THE RIGHTS OF THE ACCUSED, THE HON PETER C. WONG SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
SPEAKING IN THE RESUMED DEBATE ON THE BILL, MR WONG NOTED THAT THE MEASURE SOUGHT TO IMPLEMENT, AS FAR AS POSSIBLE, THE REPORT OF THE SELECT COMMITTEE ON THE PROBLEMS INVOLVED IN THE PROSECUTION AND TRIAL OF COMPLEX COMMERCIAL CRIMES.
THE PURPOSE OF THE BILL WAS TO PROVIDE A NEW PROCEDURE FOR THE TRIAL OF COMPLEX COMMERCIAL CRIMES, HE SAID.
SERIOUS COMPLEX COMMERCIAL CRIME CASES MIGHT FROM THE MAGISTRACY TO THE HIGH COURT WITHOUT THE NEED PROCEEDINGS.
BE TRANSFERRED FOR COMMITTAL
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WHERE A CASE WAS TRANSFERRED UNDER THIS PROCEDURE AND A JUDGE DETERMINED THAT A PREPARATORY HEARING SHOULD TAKE PLACE, THE TRIAL WOULD BEGIN WITH A PREPARATORY HEARING WITHOUT A JURY.
THE PURPOSE OF THE PREPARATORY HEARING WAS TO SETTLE POINTS LAW AND CLARIFY ISSUES FOR THE JURY.
OF
AT THE CONCLUSION OF THE PREPARATORY HEARING, A JURY WOULD BE EMPANELLED AND THE TRIAL WOULD PROCEED IN THE USUAL WAY.
MR WONG SAID A LEGISLATIVE COUNCIL AD HOC GROUP SET UP то STUDY THE BILL, OF WHICH HE WAS CONVENER, HAD REACHED AGREEMENT WITH THE GOVERNMENT ON A NUMBER OF AMENDMENTS TO THE BILL.
CRIMES.
ONE OF THE AMENDMENTS WAS THE DEFINITION OF COMPLEX COMMERCIAL
THE AD 110C GROUP CONSIDERED DEFINITION WAS TOO WIDE AS IT COULD BE SERIOUS AND COMPLEX FRAUD IRRESPECTIVE COMMERCIAL CONTEXT.
THE SCOPE OF THE REVISED EXTENDED TO COVER CASES OF OF WHETHER Tuts WAS IN A
VALID AND
"THE ADMINISTRATION CONCEDED THAT THE POINT MADE IS THE CLAUSE WILL BE AMENDED SO THAT IT IS CONFINED ONLY TO CASES OF FRAUD AND/OR DISHONESTY IN THE COMMERCIAL CONTEXT, MR WONG SAID.
ANOTHER AMENDMENT WAS THAT IN THE WHITE BILL ONLY THE ATTORNEY GENERAL WAS GIVEN THE POWER TO DECIDE WHETHER A CASE FELL WITHIN THE AMBIT OF THE NEW LEGISLATION.
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