XN000022-1983-07-22 — Page 7

ON

FRIDAY, JULY 22, 1983

FURTHERMORE, SUCH A REQUEST CAN BE MADE ONLY WHEN THE COMMISSIONER OR AN ASSISTANT COMMISSIONER HAS REASONABLE CAUSE TO SUSPECT AN INDICTABLE OFFENCE HAS BEEN COMMITTED OR WHEN HE CONSIDERS THAT THE INFORMATION WOULD HELP IN THE INVESTIGATION OF SUCH AN OFFENCE.

THE SPOKESMAN FURTHER POINTED OUT THAT THIS POWER IS OF MUCH NARROWER SCOPE THAN THAT GIVEN TO THE COMMISSIONER OF THE ICAC TO REQUIRE BANK MANAGERS TO PROVIDE COPIES OF THE ACCOUNTS OF PERSONS UNDER INVESTIGATION.

+ IT IS HOPED THAT WITH THIS AMENDMENT TO THE ORDINANCE, THE INVESTIGATION OF COMMERCIAL AND DRUG-RELATED CRIMES IN PARTICULAR WILL BECOME MORE EFFECTIVE, THE SPOKESMAN SAID.

THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JULY 27. ITS COMMITTEE STAGE AND THIRD READING WILL TAKE PLACE ON AUGUST 10.

ANYONE WHO WISHES TO COMMENT ON ITS FROVISION CAN WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE ATTORNEY GENERAL'S CHAMBERS, AT CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.

POWER TO OVERRULE SOUGHT FOR APPEAL COURT

****

THE COURT OF APPEAL WILL BE GIVEN THE POWER TO OVERRULE AN EARLIER DECISION AND CORRECT THE LAW STATED IN THAT CASE IF A SUPREME COURT (AMENDMENT) (NO 2) BILL 1983 PUBLISHED TODAY IS PASSED INTO LAW.

UNDER THIS BILL, A COURT OF APPEAL CONSISTING OF FIVE OR MORE JUDGES WILL BE ABLE TO OVERRULE, IN PRESCRIBED CIRCUMSTANCES, A PREVIOUS DECISION MADE BY A COURT OF APPEAL CONSISTING OF FEWER THAN FIVE JUDGES.

A GOVERNMENT SPOKESMAN EXPLAINED THAT AT PRESENT THE COURT OF APPEAL REGARDS ITSELF AS BOUND TO APPLY THE LAW DECIDED BY ITS OWN EARLIER DECISIONS, EXCEPT IN CERTAIN LIMITED CIRCUMSTANCES SET BY A PRECEDENT IN ENGLAND IN 1944.

IN HONG KONG, THE PROPOSED CHANGES HAVE BEEN UNDER CONSIDERATION SINCE MID-1981 AND THE BILL ITSELF, SUPPORTED BY THE JUSTICES OF APPEAL, WAS INITIATED BY THE CHIEF JUSTICE.

ITS FIRST READING AND COMMENCEMENT OF ITS SECOND READING DEBATE WILL TAKE PLACE ON JULY 27, AND ITS REMAINING LEGISLATIVE STAGES ARE EXPECTED TO BE COMPLETED ON AUGUST 10.

ANYONE WHO WISHES TO COMMENT ON ITS PROVISIONS CAN WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE ATTORNEY GENERAL'S CHAMBERS, AT THE CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.

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