XN000022-1981-08-08 — Page 2

SATURDAY, AUGUST 8, 1981

THREE TOPICS BEING CONSIDERED BY LAW REFORM COMMISSION

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THE LAW REFORM COMMISSION HAS RE-COMMENCED SITTING FOLLOWING THE CONCLUSION OF THE MACLENNAN INQUIRY AND HELD ITS FIFTH MEETING ON THURSDAY (AUGUST 6).

THERE ARE THREE TOPICS CURRENTLY UNDER CONSIDERATION.

THE COMMISSION EXPECTS TO RECEIVE THE REPORT OF THE SUB-COMMITTEE DEALING WITH COMMERCIAL ARBITRATION (CHAIRMAN I MR ANDREW LI) AT ITS NEXT MEETING ON SEPTEMBER 17.

THE CHIEF SECRETARY, SIR JACK CATER, AND THE ATTORNEY GENERAL, MR JOHN GRIFFITHS, Q.C. WILL BOTH ADDRESS THE CONFERENCE OF INTERNATIONAL ARBITRATION ON OCTOBER 7 AND 9 RESPECTIVELY.

IT WAS REPORTED TO THE COMMISSION THAT THE SUB-COMMITTEE DEALING WITH LAWS ON HOMOSEXUALITY (CHAIRMAN1 MR JUSTICE YANG) HAS BEEN COLLECTING MATERIAL FROM OVERSEAS AND HAS MADE A STUDY OF THE SUBJECT IN CHINA. THE SUB-COMMITTEE WILL ALSO BE STUDYING THE INCIDENCE OF HOMOSEXUALITY IN HONG KONG IN A NUMBER OF WAYS, WHICH WILL INCLUDE REFERENCE TO SOME OF THE EVIDENCE GIVEN AT THE RECENT MACLENNAN INQUIRY.

THE SUB-COMMITTEE ON EVIDENCE IN CIVIL PROCEEDINGS (CHAIRMAN HIS HON JUDGE DOWNEY) WILL MEET SHORTLY.

ONE OF ITS AIMS IS TO SEE HOW TO STREAMLINE METHODS BY WHICH EVIDENCE IN CIVIL AND COMMERCIAL DISPUTES IS PRESENTED IN JUDICIAL PROCEEDINGS, IN ORDER TO PROVIDE EASIER, SPEEDIER AND SO LESS COSTLY RELIEF FOR THE PARTIES TO THE DISPUTE.

THE HON CHIEF JUSTICE AND THE HON ATTORNEY GENERAL HAVE

REFERRED TO THE COMMISSION THE FOLLOWING TOPICS:

(1) THE LAW AND PRACTICE RELATING TO CONTEMPT

OF COURT.

(2) WHETHER LEGAL AID SHOULD BE AVAILABLE AND IF SO,

IN WHAT CIRCUMSTANCES, AT DEATH INQUIRIES, IN MAGISTRATES COURTS AND AT HEARINGS OF THE LANDS TRIBUNAL.

(3) COMMUNITY SERVICE ORDERS - SHOULD COURTS HAVE

THE POWER TO ORDER CONVICTED DEFENDANTS TO CARRY OUT SUPERVISED COMMUNITY SERVICE AS A MEANS BOTH OF PUNISHMENT AND REHABILITATION.

(4) WHETHER OR NOT CHANGES SHOULD BE MADE IN THE

+VOIRE DIRE+ PROCEDURE IN CRIMINAL TRIALS – THE PROCEDURE BY WHICH A COURT TESTS THE ADMISSIBILITY IN EVIDENCE OF A DEFENDANT'S CONFESSION STATEMENT.

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