1980-HKRS28-16-28_Part02 — Page 5

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of a person responsible for an alleged rapo offence or inde cent assault, or is for any other reason in the public interest-

(a) by a police officer of the rank of Senior Superio~ tendent or above, where the complainant consents in writing to such a direction being given; or

(b) by the Attorney General in any other case. and notice of any such direction shall be published in the Gazette.":

(c) in subsection (4)—

by deleting "before the High Court":

(i) by inserting after "the judge the following-

"or, as the case may be, the District Judge, magistrate or juvenile court."; and

(ii) by deleting "be" and substituting the following-

"the judge or, as the case may be, the District Fudge. magistrate or juvenile court,*;

(40) in subsection (5) by deleting "an accusation which alleges a rape offence or indecent assault and" and substituting the following-

"such allegation of a rape offence or indecent assault a"

(e) by deleting subsection (7) and substienting the following—

"(7) For the purposes of this section an allegation of a tape offence or indecent assault is made if--

(a) it is made to a police officer; or?

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(8) a complaint is made to or an information is laid before a magistrate alleging that a person has committed a rape offence or indecent assault against the complainant; or

(c) a person appears before a magistrate or a court charged with a rape offence or indecent assault against the complainant; or

(d) a person is committed for trial at the High Court on a charge alleging a rape offence or indecent assault against the complainant, or

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(e) an indictment charging a person with a

offence or indecent assault against the complainant is preferred before the High Court,

and references in this section to an allegation of a rape offence or indecent assault shall be construed accordingly.";

(f) in subsection (8) in the definition of "complainant" by deleting "a person accused of a rape offenco or indecent assault or an accusation alleging" and substituting the following-

"an allegation of"; and

(g) in subsection (9)α)--

(0) by deleting “accuration alleging" and substituting the following-

"allegation of"; and

(if) by deleting "the accused" and substituting the following—

"a person".

1980.

Passed by the Hong Kong Legislative Councif this 250th day of June

Clerk b the Legislative Colincil.

This printed impression has been carefully compare by ne with the bill, and is found by me to be a trpe and correctly printed copy of the said but.

Clerk

Legislative Council.