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The same problems arise with cases handled by the magistracy. Although a magistrate has no jurisdiction to make a finding of unfitness to plead or not guilty by reason of insanity, he has discretion under the Mental Health Ordinance and in respect of an offence punishable on summary conviction by imprisonment, to make an order to detain an accused person in the Siu Lam Psychiatric Centre or a mental hospital. The magistrate can make such an order if he is satisfied that the person did the act or made the omission charged, and is suffering from mental disorder which warrants the detention.
The present law is based largely on the United Kingdom Criminal Procedure (Insanity) Act 1964, which was widely criticised in the United Kingdom for the problems I have just mentioned. The Act was, therefore, amended in 1992 to enable a jury to determine whether an accused person who is unfit to plead did the act or made the omission charged. The jury may now return a verdict of acquittal, or a verdict that the person did the act or made the omission charged. In the latter case, the court may exercise additional disposal options besides detention in a mental hospital. These additional options are guardianship orders, supervision and treatment orders, and orders for absolute discharge. The amended legislation in the United Kingdom also provides that these various options can apply to accused persons who are found not guilty by reason of insanity.
We propose to introduce similar provisions to those available in the United Kingdom, and to extend the comprehensive range of disposal options to the magistracy, in addition to the High Court and the District Court.
We also propose, as a separate amendment, to introduce measures to protect child witnesses from the trauma of testifying in court in incest cases. An example of such measures is to allow a child's videotaped testimony to be produced as evidence in court. Under existing legislation, protection of this kind accorded to child witnesses in criminal proceedings is not applicable in incest cases.
The proposed legislative amendments I have just described are improvements to existing arrangements. These changes are desirable and should be welcomed by the public.
Thank you, Mr President.
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