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Section 79A as drafted defines "child" to mean generally a person under 14 years of age except in the case of sexual abuse, it means a person under 17 years. In practice, there is bound to be a time lag between the taking of evidence and trial. In order to cater for the situation when the upper age limits are passed when the trials take place, the definition of "child" is amended by relaxing the age limits by one year to allow for the estimated maximum lapse of time between the taking of video recorded evidence and trial. Section 79C(7) is deleted as a consequence.
One of the new procedures introduced by the Bill is the "live television link" system. As presently drafted under Section 79A, the system refers to one linking a courtroom and another room in the same premises. This definition will not cover the situation where a magistrate takes a deposition before the trial from a witness under the proposed Section 79E in a room which is not a courtroom. The definition of "live television link" is therefore amended by adding a new provision which specifically deals with this situation.
The definition of "mentally handicapped person" is amended to reflect the existing definition of "mental disorder" under the Mental Health Ordinance that definition is under review at the moment. A consequential amendment will be proposed if it is warranted after that review has been completed.
The definition of "offence of sexual abuse" is amended by deleting those offences which are not sexual offences under Part XII of the Crimes Ordinance.
In the proposed Section 79B(1), the definition of "witness in fear" is refined by providing that the court's determination is to be based on reasonable grounds.
The proposed Section 79B provides that child and mentally handicapped witnesses can give evidence by way of a live television link. Subsections (2), (3) and (5) are amended to make it clear that the system can also be used where a witness does not give evidence live in court but his or her evidence is produced by way of pre- recorded video tapes on which he or she may be cross-examined.
The proposed Section 79C is amended by adding a new definition of "adult" to ensure that only trained professional officers can conduct video recorded interviews of child or mentally handicapped witnesses.
Subsection (2) of the proposed Section 79C is amended by providing an option for a defendant who is mentally handicapped to produce the video recorded evidence in court. The purpose of this amendment is to ensure that the defendant's right to silence is not prejudiced.