1978-HKRS28-16-26_Part03 — Page 56

મ

Absence of RIDE.

Advice of

GRAN.

Amendment OF section BLA.

3.

1978.

(4) The Chief Justice may give directions concerning the bearing and determining of any proceedings heard with

78. If at any time before the determination of any proceedings heard with an assessor, the assessor is prevented from attending the proceedings, or absents himself, the magistrate may continue to hear the proceedings in bil absence.

7C) (1) Where a magistrate hears and determine say proceedings with an assessor, the assessor shall have the right to give advice to the magistrate.

(2) In determining any proceedings a magistrate "thall' not be bound by any advice given by an assessor.". Section 81A of the principal Ordinance is amended-

(a) in subsection (2)(e) by deleting "not less than 10 days before the

date fixed for the bearing" and substituting the following-

"not less than 10 days before the written statement Lendered to the magistrate by the prosecutor";

(b) in subsection (3)(6) by deleting "not less than 10 days before the

date fixed for the hearing" and substituting the following--

"not less than 10 days before the written statement in which the exhibit is identified is admitted in evidence under subsection (1)"; and

(c) by adding after subsection (9) the following subsection--

"(10) Failure to comply with the requirements in or under this section shall not render any written statement or exbibit sought to be produced under this section inadmissible provided that the accused is not prejudiced by such failure.".

Passed by the Hong Kong Legislative Council this 2nd day of August.

Ра

Clerk to the Legislative Councă.

This printed impression has been carefully compared by me with the bill. and is found by me to be a true and correctly printed copy of the said bill.

Асса

No. 71 of 1978

I asked

Деш Arving of

3rd August.

Clerk

to the Legislative Council.