XN000022-1984-01-20 — Page 5

FRIDAY, JANUARY 20, 1984

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NEW WAY TO DEAL WITH MINOR CASES PROPOSED

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THE GOVERNMENT, ACTING ON A PROPOSAL INITIATED BY THE JUDICIARY, IS SEEKING TO INTRODUCE A NEW PROCEDURE TO IMPROVE THE WAY MINOR OFFENCES ARE DEALT WITH BY THE COURTS.

UNDER THE MAGISTRATES (AMENDMENT) BILL 1984 PUBLISHED TODAY, A DEFENDANT WILL NOT GENERALLY BE ISSUED A SUMMONS IN THE FIRST INSTANCE FOR A MINOR OFFENCE. INSTEAD A NOTICE OF PROSECUTION WILL BE ISSUED AND SUBSEQUENT PROCEEDINGS WILL BE DEALT WITHIN THE ABSENCE OF THE COMPLAINANT AND DEFENDANT UNLESS THE DEFENDANT WISHES TO DENY THE CHARGE OR REQUESTS A HEARING.

MINOR OFFENCES ARE THOSE WHERE THE MAXIMUM PENALTY IS A FINE OF $10 000 AND IMPRISONMENT FOR SIX MONTHS, WHETHER OR NOT THERE MAY BE ANY ADDITIONAL COURT ORDER RELATING TO COMPENSATION OR LICENCE DISQUALIFICATION. WHERE A MAGISTRATE CONSIDERS THAT A FINE ALONE MAY NOT BE ADEQUATE PENALTY, A SUMMONS WILL BE ISSUED TO THE DEFENDANT IN THE ORDINARY WAY.

IT IS ESTIMATED THAT, IF THE BILL IS PASSED, ABOUT THREE QUARTERS OF THE ONE MILLION CASES DEALT WITH BY SUMMONS EACH YEAR AT PRESENT WILL BE DEALT WITH UNDER THE NEW PROCEDURE, WITH CONSEQUENT SAVING OF TIME BY DEFENDANTS, MAGISTRATES AND PROSECUTING OFFICERS.

A GOVERNMENT SPOKESMAN POINTED OUT THAT THE DESIRABILITY OF SUCH A MINOR OFFENCE NOTICE PROCEDURE WAS INVESTIGATED AND RECOMMENDED BY A WORKING PARTY SET UP BY THE CHIEF JUSTICE IN 1981.

WHERE A FINE IS IMPOSED, NOTICE OF THE FINE WILL BE SERVED BY POST ON THE DEFENDANT, AND IF THE FINE IS NOT PAID WITHIN THE TIME STIPULATED, A FURTHER NOTICE WILL BE SERVED, PERSONALLY ON THE DEFENDANT, REQUIRING HIM TO PAY THE FINE. THERE IS, THEREFORE, NO QUESTION OF AN ARREST WARRANT BEING ISSUED AGAINST A DEFENDANT FOR NON-PAYMENT WITHOUT HAVING HAD PRIOR NOTICE OF THE PROCEEDINGS.

AT ANY FURTHER A MAGISTRATE SHALL REVIEW HIS DECISION IF TIME, A DEFENDANT SATISFIES HIM THAT THE NOTICE OF PROSECUTION DID NOT COME TO HIS PERSONAL NOTICE.

WHERE A MAGISTRATE REVERSES HIS DECISION ON AN APPLICATION BY A DEFENDANT, PROCEEDINGS FOR THE OFFENCE MAY BE INSTITUTED BY THE PROSECUTION WITHIN SIX MONTHS FROM THAT REVERSAL.

THE BILL, WHICH HAS THE GENERAL SUPPORT OF THE LAW SOCIETY OF HONG KONG AND THE HONG KONG BAR ASSOCIATION, WILL BE PRESENTED TO LEGISLATIVE COUNCIL ON JANUARY 25, ITS THIRD HEARING IS SCHEDULED FOR FEBRUARY 15.

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

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