WEDNESDAY, JULY 6, 1988
9
PROVISIONS IN BILL WELCOMED
THE COMPLEX COMMERCIAL
CRIMES
SHOULD SERVE TO
BILL 1988
TO REDUCE THE CONT WHILE SHORTEN THE DURATION OF FRAUD TRIALS AND
NGAI PRESERVING THE COMMON LAW SPIRIT OF THE JUDICIAL SYSTEM, THE HON SHIU-KIT SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
HONG
AND 07
THAT WITH SPEAKING IN SUPPORT OF THE BILL, MR NGAI SAID KONG'S GROWTH AS AN INTERNATIONAL COMMERCIAL AND FINANCIAL CENTRE INCREASING SOPHISTICATION IN BUSINESS TRANSACTIONS, EXISTING ITEMS
CRIME CASES LEGISLATION WERE HARDLY ADEQUATE TO DEAL WITH COMMERCIAL OF AN UNUSUALLY COMPLEX NATURE,
HE SAID PUBLIC CONCERN ON THE ISSUE HAD GIVEN RISE TO A OF DEVELOPMENTS.
SERIES
OF COMMERCIAL CRIMES THESE INCLUDED PUBLICATION OF THE TRIAL
COMMITTEE ON THE PROBLEMS BILL 1985, APPOINTMENT OF THE SELECT
IN INVOLVED IN THE PROSECUTION AND TRIAL OF COMPLEX COMMERCIAL CRIMES
IN 1986, THE SAME YEAR, PUBLICATION OF THE SELECT COMMITTEE'S REPORT
AND NOW THE PUBLICATION OF THE COMPLEX COMMERCIAL CRIMES BILL 1987, PRESENT BILL.
THAT THE HAD ALL
1987 WHITE BILL AS A MEMBER OF THE LEGCO AD HOC GROUP ON THE AND SUBSEQUENTLY ON THE 1988 BILL, MR NGAI SAID HE WAS GLAD AD HOC GROUP'S MAJOR RECOMMENDATIONS REGARDING THE 1987 BILL BEEN INCORPORATED IN THE PRESENT BILL.
DEFINITION WHETHER
"I THINK IT IS OF OVER-RIDING SIGNIFICANCE THAT THE OF COMPLEX COMMERCIAL CRIMES' SHOULD BE MADE IN RELALTION TO FRAUD OR DISHONESTY IN THE COMMERCIAL CONTEXT IS INVOLVED RATHER BY REFERENCE TO A SCHEDULE OF OFFENCES AS ORIGINALLY APPEARED 1987 BILL.
THAN
IN THE
** I
ALSO
CONSIDER
IT
OF
MAJOR
IMPORTANCE
THAT COMPLEX COMMERCIAL CRIMES BE CONFINED TO CASES OF BOTH FRAUD AND DISHONESTY IN THE COMMERCIAL CONTEXT AND NOT OTHERWISE,
ACCORDING TO MR NGAI,
1987
HE SAID.
THE
THE
IMPORTANT IMPROVEMENT OF ANOTHER WHITE BILL WAS TO GIVE THE JUDGE PRESENT BILL ON THE
A PREPARATORY DISCRETION TO DECIDE WHETHER IT WAS NECESSARY TO HAVE HEARING BEFORE THE JURY WAS EMPANELLED.
ALL REASONABLY "THIS PROVISION IS IMPORTANT BECAUSE IT ALLOWS
JURY FORESEEABLE POINTS OF LEGAL ARGUMENT TO BE DEALT WITH BEFORE THE
JUDICIAL DISCRETION SHOULD IS EMPANELLED, AND IT IS RECOGNISED THAT
THE TRIAL OF BE EXERCISED IN THE ORDERING OF SPECIAL PROCEDURES FOR COMPLEX COMMERCIAL CRIME CASES," HE SAID.
/THE THIRD