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The Chief Justice has now made rules setting out the procedure in applying for dismissal of charges contained in a notice of transfer, the procedure on the notification of the application, the manner in which the application is to be determined and the procedure on the notification of the determination.
The rules also provided for the right of a defendant to make an application through his or her legal representative, he added.
Mr Mathews explained that the approval of the rules by the Legislative Council would complete the necessary preparations for the reforms contained in the ordinance and he intended to bring the ordinance into operation next month.
End
Resolution on vulnerable witness protection
Following is the speech by the Attorney General, the Hon Jeremy Mathews, in moving a resolution in the Legislative Council today (Wednesday) on the Application for Dismissal of Charges Contained in a Notice of Transfer Rules made by the Chief Justice on December 4, 1995:
Mr President,
I move the resolution standing in my name in the Order Paper. The resolution is to the effect that the Application For Dismissal of Charges Contained in a Notice of Transfer Rules, made by the Chief Justice on 4 December 1995, be approved.
The Criminal Procedure (Amendment) Ordinance 1995 introduced a number of new procedures to enable vulnerable witnesses in criminal cases to give their evidence without fear and without suffering unnecessary emotional distress. One of these procedures is to prevent child or mentally handicapped witnesses from being required to give evidence in court twice in relation to serious abuses - once at the committal proceedings and again at the trial. Committal proceedings will not be needed when the Director of Public Prosecution issues a "notice of transfer" certifying that the evidence is sufficient for the accused to be committed for trial. While the "notice of transfer" procedure aims to save child and mentally handicapped witnesses from having to give evidence twice, a defendant to whom a "notice of transfer" relates may make an application to the High Court for dismissal of charges contained in the notice. Section 79G provides that the Chief Justice may make rules or directions in respect of an application for dismissal of charges contained in a notice of transfer. Any such rules or directions require the approval of this Council before taking effect.