5
THURSDAY, OCTOBER 1, 1992
JUDGES'
THE RULES AND DIRECTIONS ARE BASED ON THE 1964 ENGLISH RULES BUT SOMEWHAT MODIFIED TO SUIT THE CIRCUMSTANCES OF HONG KONG.
THEY WERE RECOMMENDED BY A WORKING PARTY APPOINTED BY THE CHIEF IN 1988 TO EXAMINE WHETHER THE 1964 ENGLISH JUDGES' RULES
INTRODUCED IN HONG KONG.
JUSTICE SHOULD BE
THE WORKING PARTY COMPRISED REPRESENTATIVES FROM THE JUDICIARY, THE LEGAL PROFESSION AND THE LAW ENFORCEMENT AGENCIES.
THE SPOKESMAN EXPLAINED THAT IN PRACTICE LAW ENFORCEMENT OFFICERS HAD BEEN FOLLOWING PREVIOUS VERSIONS OF THE ENGLISH JUDGES' RULES.
THE NEW RULES AND DIRECTIONS WILL BE GAZETTED TOMORROW.
THEY SERVED AS A GUIDE TO LAW ENFORCEMENT OFFICERS BY UPDATING THE PROCEDURES IN QUESTIONING SUSPECTS AND IN TAKING STATEMENTS ADAPT TO THE CIRCUMSTANCES OF HONG KONG.
THE RULES AND DIRECTIONS ALSO STIPULATE IN GREATER DETAIL PRINCIPLES GOVERNING THESE RULES AND DIRECTIONS, AND THE RIGHTS FACILITIES AVAILABLE TO PERSONS WHEN THEY ARE QUESTIONED OR WHEN MAKE STATEMENTS.
TO
THE
AND
THEY
TO
RELATION TO
AN
THEY STIPULATE THAT LAW ENFORCEMENT OFFICERS ARE ENTITLED QUESTION OR OBTAIN INFORMATION FROM ANY PERSON IN OFFENCE.
AN
IF HE HAS EVIDENCE TO SUSPECT THAT THE PERSON HAS COMMITTED OFFENCE, HE SHOULD CAUTION THAT PERSON BEFORE PUTTING ANY QUESTIONS TO HIM THAT HE IS NOT OBLIGED TO SAY ANYTHING UNLESS HE WISHES TO DO SO BUT WHAT HE SAYS WILL BE TAKEN DOWN IN WRITING AND MAY BE GIVEN IN EVIDENCE.
THE
INTERVIEW
OFFICER
SHOULD ALSO MAKE AN ACCURATE RECORD OF THE WITH A SUSPECT OR THE STATEMENT MADE BY A PERSON.
THE OFFICER SHOULD GIVE A SUSPECT AN OPPORTUNITY TO READ THE RECORD AND TO MAKE CORRECTIONS, ALTERATIONS, OR ADDITIONS.
THE RULES AND DIRECTIONS ALSO STIPULATE THE FACILITIES THAT SHOULD BE MADE AVAILABLE ΤΟ THE PERSONS IN CUSTODY OR UNDER INVESTIGATION AND THAT THEY SHOULD BE INFORMED OF THEIR RIGHTS AND
SUCH FACILITIES.
"THEY MAY SPEAK ON THE TELEPHONE то THEIR FRIENDS OR COMMUNICATE PRIVATELY, WHETHER IN PERSON OR ON THE TELEPHONE, WITH BARRISTERS OR SOLICITORS, PROVIDED THAT THERE IS NO UNREASONABLE DELAY OR HINDRANCE TO THE PROCESSES OF INVESTIGATION OR TO THE ADMINISTRATION OF JUSTICE," THE SPOKESMAN SAID.
"THE STATEMENT OR RECORD OF INTERVIEW SHOULD BE RECORDED IN THE LANGUAGE USED BY THE PERSON MAKING THE STATEMENT OR ANSWERING THE QUESTIONS. THE PERSON SHOULD BE ENTITLED A COPY OF THE STATEMENT RECORD OF THE INTERVIEW AS SOON AS POSSIBLE," HE ADDED.
OR
/ANOTHER MAJOR