XN000022-1979-04-11 — Page 13

WEDNESDAY, APRIL 11, 1979

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AMENDMENTS TO CRIMINAL PROCEDURE ORDINANCE PROPOSED

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AS THE LAW STANDS THE ATTORNEY GENERAL MAY NOT SEEK A REVIEW OF SENTENCE WHERE A DEFENDANT IS PUT ON PROBATION WITHOUT THE RECORDING OF A CONVICTION, THE HON. JOHN HOBLEY SAID AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

+THIS IS AN ANOMALOUS EXCEPTION FROM THE CASES IN WHICH A REVIEW OF SENTENCE MAY NOW BE SOUGHT, THE ATTORNEY GENERAL SAID AT THE SECOND READING OF THE CRIMINAL PROCEDURE (AMENDMENT) (NO. 2) BILL 1979.

BUT TWO CLAUSES IN THE BILL WILL MAKE THE NECESSARY CHANGES AND THEIR EFFECT + IS THAT 'SENTENCE' IN THE CONTEXT OF REVIEWS OF SENTENCE WILL IN FUTURE INCLUDE ANY ORDER WHATSOEVER MADE BY A COURT IN DEAL ING WITH AN OFFENDER.+

A NEW SUB-SECTION, HE SAID, WILL SET OUT THE SUPPORTING DOCUMENTS WHICH WILL BE REQUIRED IN FUTURE.

THE ATTORNEY GENERAL ALSO PROPOSED TO EXTEND FROM 14 TO 21 DAYS THE PER 10D AFTER A SENTENCE IS PASSED WITHIN WHICH HE MUST APPLY FOR A REVIEW OF SENTENCE, BECAUSE TWO WEEKS IS +AN UNREASONABLY SHORT TIME LIMIT.+

ANOTHER AMENDMENT TO THE CRIMINAL PROCEDURE ORDINANCE INTRODUCES A NEW SUB-SECTION SO AS TO SPECIFY CASES IN WHICH THE COURT OF APPEAL MAY HEAR AN APPLICATION FOR A REVIEW OF SENTENCE NOTWITHSTANDING THE ABSENCE OF THE RESPONDENT.

+THESE ARE WHERE THE RESPONDENT HAS BEEN SERVED WITH NOTICE OF THE PROCEEDINGS BUT DOES NOT APPEAR AND WHERE HE HAS NOT BEEN SERVED WITH SUCH NOTICE BECAUSE HE CANNOT BE FOUND OR IS OUTSIDE HONG KONG,+ MR. HOBLEY EXPLAINED.

MR. HOBLEY ALSO PROPOSED THAT AN APPEAL AGAINST CONVICTION SHOULD BAR A REVIEW OF SENTENCE ONLY WHILE THE APPEAL IS STILL PENDING.

THIS WILL ENABLE THE COURT OF APPEAL TO HEAR AN APPLICATION FOR A REVIEW OF SENTENCE IN FUTURE ONCE AN APPEAL AGA INST CONVICTION IS WITHDRAWN OR DISPOSED OF BY DISMISSAL.

MR. HOBLEY ALSO EXPLAINED THAT IN FUTURE, IF A CONVICTED MAN APPEALS AGAINST SENTENCE AND THE ATTORNEY GENERAL SEEKS A REVIEW OF THE SENTENCE, THE TWO APPLICATIONS WILL BE HEARD TOGETHER.

THE INTRODUCTION OF ANOTHER CLAUSE WILL ENABLE A SINGLE JUDGE OF THE COURT OF APPEAL TO REMAND A CONVICTED MAN IN CUSTODY PENDING THE HEARING FOR AN APPLICATION FOR A REVIEW OF SENTENCE.

MR. HOBLEY SAID THAT ANOTHER MAIN CHANGE PROPOSED BY THE BILL WAS A PROVISION ENABLING THE ATTORNEY GENERAL TO REFER TO THE COURT OF APPEAL A POINT OF LAW WHICH ARISES DURING THE TRIAL, BEFORE THE HIGH COURT OR THE DISTRICT COURT, OF A MAN WHO IS ACQUITTED.

/HE SAID