XN000022-1980-01-30 — Page 18

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WEDNESDAY, JANUARY 30, 1980

HOWEVER, HE SAID, THEY WERE DOWNGRADED TO CATEGORY C IN 1969 AS, IN THE INTERVENING YEARS, DEVELOPMENT AND TRAFFIC GROWTH TRENDS WERE SUCH THAT OTHER SECTIONS OF THE CIRCULAR ROUTE, SUCH AS THE CASTLE PEAK ROAD BETWEEN TUEN MUN AND YUEN LONG AND THE TUEN MUN HIGHWAY, WARRANTED HIGHER PRIORITY.

REFERRING TO THE ANTICIPATED COMPLETION DATES HE HAD GIVEN, MR MCDONALD SAID THEY WERE LATER THAN THOSE ORIGINALLY PROPOSED BUT HAD BEEN DETERMINED FROM THE PRIORITIES ACCORDED BY THE PUBLIC WORKS PRIORITIES COMMITTEE.

+OBVIOUSLY, THE AVAILABILITY OF FINANCIAL RESOURCES AND THE FORECAST OF TRAFFIC GROWTH WERE MAJOR FACTORS IN THE DELIBERATIONS OF THE COMMITTEE WHEN ASSESSING PROJECT PRIORITIES, HE SAID.

RULES ON HEARING OF APPEALS AMENDED

****

THE LEGISLATIVE COUNCIL TODAY APPROVED THE CRIMINAL APPEAL (AMENDMENT) RULES 1980 MADE BY THE CHIEF JUSTICE AS PART OF HIS PLANS TO CUT DELAYS IN THE HEARING OF APPEALS.

TO

THE LAW DRAFTSMAN, THE HON G.P. NAZARETH EXPLAINED TO THE COUNCIL THAT THESE RULES WOULD INTRODUCE PRECAUTIONS SIMILAR THOSE ADOPTED IN ENGLAND DESIGNED FIRSTLY, TO ENSURE THAT AN APPLICATION FOR LEAVE TO APPEAL SETS OUT CLEARLY AND ACCURATELY THE GROUNDS OF COMPLAINT AND SECOND, TO DISCOURAGE FRIVOLOUS RENEWAL OF AN APPLICATION BEFORE A FULL COURT OF THREE JUDGES AFTER IT HAS BEEN REJECTED BY A SINGLE JUDGE.

UNDER ONE OF THE AMENDED RULES, THERE WILL BE AN EXPRESS WARNING THAT RENEWAL OF AN APPLICATION WITHOUT JUSTIFICATION AFTER IT HAS BEEN REJECTED BY A SINGLE JUDGE MAY WELL RESULT IN A DIRECTION THAT THE TIME SPENT IN CUSTODY WILL NOT COUNT AS PART OF THE APPLICANT'S TERM OF IMPRISONMENT.

+THE RULES REPRESENT ONLY THE LEGISLATIVE TIP OF A LEGAL PROCEDURAL AND ADMINISTRATIVE SCHEME THAT HAS BEEN CAREFULLY DEVISED BY A COMMITTEE PRESIDED OVER BY A JUSTICE OF APPEAL,+ MR NAZARETH SAID.

THE COMMITTEE COMPRISES REPRESENTATIVES OF THE ATTORNEY GENERAL, THE CHAIRMAN OF THE BAR ASSOCIATION, THE PRESIDENT OF THE LAW SOCIETY, THE DIRECTOR OF LEGAL AID AND THE COMMISSIONER OF PRISONS, HE ADDED.

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