XN000022-1978-03-31 — Page 2

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FRIDAY, MARCH 31, 1978

BILL PROPOSING ANONYMITY FOR RAPE VICTIMS GAZETTED TODAY

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AMENDMENTS TO THE CRIMES ORDINANCE UNDER WHICH COMPLAINANTS IN RAPE CASES WOULD NOT BE NAMED IN WRITTEN PUBLICATIONS OR BROADCASTS ABOUT RAPE TRIALS, EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, ARE CONTAINED IN A BILL PUBLISHED IN TODAY'S GOVERNMENT GAZETTE.

THE CRIMES (AMENDMENT) (NO. 2) BILL, WHICH WILL BE INTRODUCED THE LEGISLATIVE COUNCIL SHORTLY, ALSO CONTAINS A CLAUSE DEFINING RAPE CFFENCE.

A GOVERNMENT SPOKESMAN SAID THAT, IN THE NEW SECTION PROVIDING THAT COMPLAINANTS SHOULD BE ANONYMOUS, A DEFENDANT COULD APPLY TO A JUDGE FOR THE RESTRICTIONS TO BE LIFTED, BUT PERMISSION WOULD ONLY BE GIVEN IF THE JUDGE WAS SATISFIED THAT THE PARTICULARS NEEDED TO BE MADE PUBLIC IN ORDER TO TRACE WITNESSES FOR THE DEFENCE AND THAT, OTHERWISE, THE DEFENCE WOULD BE SUBSTANTIALLY PREJUDICED.

HE SAID THERE WAS ALSO POWER IN THIS SECTION TO REMOVE OR RELAX THE RESTRICTIONS IF THEY IMPOSED A SUBSTANTIAL AND UNREASONABLE LIMITATION ON REPORTING THE TRIAL, CONTRARY TO THE PUBLIC INTEREST.

THE BILL ALSO PROVIDES PERALTIES OF $10,000 AND IMPRISONMENT FOR 31X MONTHS FOR THOSE WHO BREACH THE SECTION DEALING WITH ANONYMITY OF COMPLAINANTS.

THE SPOKESMAN SAID THAT THE LAW OF HONG KONG REGARDING RAPE WAS IDENTICAL TO ENGLISH LAW BEFORE THE PASSING OF THE SEXUAL OFFENCES (AMENDMENT) ACT 1976. HE SAID THAT AN ADVISORY GROUP ON THE LAW OF RAPE IN BRITAIN HAD RECOMMENDED THAT:

* THE DEFINITION OF RAPE SHOULD BE SET OUT IN STATUTORY

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THE LAW SHOULD DECLARE THAT THE ISSUE WHICH THE JURY HAD TO CONSIDER WAS WHETHER THE ACCUSED AT THE TIME WHEN SEXUAL INTERCOURSE TOOK PLACE BELIEVED THAT THE WOMAN WAS CONSENTING-

* THE PREVIOUS SEXUAL HISTORY OF THE COMPLAINANT WITH

MEN OTHER THAN THE ACCUSED SHOULD BE INADMISSIBLE- AND

* COMPLAINANTS WHO ALLEGED RAPE SHOULD REMAIN ANONYMOUS.

THESE RECOMMENDATIONS WERE ACCEPTED AND ENACTED.

THE SPOKESMAN SAID THERE WAS SUBSTANTIAL PUBLIC SUPPORT IN HONG KONG FOR LEGISLATION SIMILAR TO THAT PASSED IN BRITAIN TWO YEARS AGO, HE SAID IT WAS FELT THAT MANY OF THE FINDINGS CF THE ADVISORY GROUP IN BRITAIN CONCERNING THE PREVIOUS SEXUAL HISTORY OF A COMPLAINANT AND HER ANOHYTITY WERE RELEVANT TO HONG KONG.

THE GOVERNMENT