XN000022-1978-07-19 — Page 7

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WEDNESDAY, JULY 19, 1978

ETING ON THE OTHER PROVISIONS IN THE BILL DEALING SITE MOMITTAL PROCEEDINGS, NR. THORTON SAID THE FIRST AVEL ENT OULD PERMIT RITTEN STATEMENTS IN COMMITTAL PROCEEDINGS TO BE TENDERED AS EVIDENCE IF COPIES ARE GIVEN TC THE MAGISTRATE AND THE DEFENCE NOT LESS THAN TEN DAYS BEFORE THE STATEMENT IS ACTUALLY TENDERED.

THE SECOND AMENDMENT PROVIDES THAT A FAILURE TO COMPLY WITH A TECHNICAL PROCEDURE LAID DOWN IN THE MAGISTRATES ORDINANCE DEALING ITH SUEMISSIONS CF STATEMENTS OR EXHIBITS IN A COMMITTAL PROCEEDING SHALL NOT RENDER SUCH, WRITTEN STATEMENTS AND EXHICITS INADE 13SABLE SC LONG AS THE ACCUSED IS NOT PREJUDICED LY THE FAILURE.

MR. THORTON SAID THESE TWO AMENDEMENTS ACULD REMOVE THE ADVERSE EFFECTS OF TECHNICAL DIFFICULTIES WITHOUT IN ANY WAY PREJUDICING THE INTEREST OF ACCUSED PERSONS.

THREE UNOFFICIAL MEMBERS, THE HON. HILTON CHEONG-LEEN THE HON. WONG LAR, AND THE HON. JAMES WU SPOKE IN SUPPORT OF THE EILL,

BOTH MR. CHEONG-LEEK AND MR. LONG ASKED THE GOVERNMENT NOT TO RELAX ITS EFFORTS IN RECRUITING LOCAL MAGISTRATES, ALTHOUGH THEY WELCOMED THE ASSESSOR SCHEME.

PR. CHEONG-LEEN SAID HE SUPPORTED THE SCHEME AS AN INTERIM APPROACH ON THE UNDERSTANDING THAT IT WILL BE CONSTANTLY REVIEWED AND MR. WONG SAID THE SCHEME SHOULD ONLY BE TAKEN AS A COMPROMISE WHEN THERE ARE NOT ENOUGH LOCAL MAGISTRATE APPOINTMENTS.

THEY WERE CONCERNED ABOUT THE QUALITY OF THE ASSESSORS TO BE APPOINTED TO ASSIST MAGISTRATES.

MR. CHEONG-LEEN THOUGHT THE ASSESSORS SHOULD HAVE BROAD EXPERIENCE IN COMMUNITY SERVICE AND BE PREPARED TO SPEAK THE IR MIND WITH FIRMNESS. MR. WONG SAID THEY SHOULD PROVIDE THE MAGISTRATES WITH FAIR AND UNBIASED VIEWS PASED ON THE IR CONSCIENCE AND ON THEIR UNDERSTANDING OF THE LOCAL SITUATION AND CUSTOM.

+IN TIC WAY SHOULD THEY TECARD THEMSELVES AS THE MAGISTRATE'S SUBORDINATES, ONLY ACQUIESCING WITH THEIR VIEWS AND NEVER CONTRADICTI13,+ HE SAID.

THEY THOUGHT THAT WHERE A MAGISTRATE DOES NOT ACCEPT THE VIEWS OF AN ASSESSOR, THE VIEWS AND THE MAGISTRATE'S REASONS SHOULD BE RECORDED.

WHEN THERE IS SUBSEQUENT REPROVAL OR CRITICISM OF THE JUDGEMENT, ALTHOUGH THE LEGAL RESPONSIBILITY FOR IT IS ON THE MAGISTRATE, THE ASSESSOR WILL ALSO BE BLAMED MORALLY, MR. LONG SAID.

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