XN000022-1984-05-30 — Page 11

WEDNESDAY, MAY 30, 1984

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BILL TO MEET MODERN AGE

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HONG KONG IS AGAIN IN THE FOREFRONT OF LAW REFORM WITH PROPOSALS TO UPDATE THE LAWS OF EVIDENCE TO BRING THEM INTO LINE WITH THE MODERN WORLD AND ITS MODERN COMMUNICATIONS AND INTERNATIONAL BUSINESS LINKS.

THIS WAS SAID TODAY BY THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS WHEN HE INTRODUCED IN THE LEGISLATIVE COUNCIL THE EVIDENCE (AMENDMENT) BILL 1984,

MR THOMAS SAID THAT THE BILL CONTAINED A NUMBER OF PROPOSALS TO OVERCOME THE PROBLEMS RELATED TO TRANSACTIONS WITH AN INTERNATIONAL DIMENSION, INVOLVING THE MOVEMENT OF PERSONS AND FUNDS INTO AND OUT OF HONG KONG, AND THOSE CREATED BY THE USE OF MODERN TECHNOLOGY AND COMMUNICATIONS.

+THE LAWS OF EVIDENCE HAVE NOT KEPT PACE WITH THE WAY BUSINESS IS DONE IN TODAY'S WORLD AND THE RESULT, NOT SURPRISINGLY, HAS BEEN TO THE BENEFIT OF NO-ONE OTHER THAN THE DISHONEST AND THE UNSCRUPULOUS, HE SAID.

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THE GREAT CARE HAD TO BE EXERCISED IN CHANGING THESE LAWS. BILL WAS IN THE MAIN CONCERNED WITH CRIMINAL PROCEEDINGS AND IN PARTICULAR WITH THE WAY IN WHICH RECORDED TRANSACTIONS MAY BE PROVED.

+THE MANNER IN WHICH BUSINESS RECORDS ARE KEPT NOWADAYS HAS VERY LITTLE TO DO WITH LEDGERS OR BOOKS OR HANDWRITTEN ENTRIES. AND THE INTERNATIONAL CHARACTER OF BUSINESS TRANSACTIONS MEANS THAT

INVOLVING QUITE OFTEN ESSENTIAL EVIDENCE IS LOCATED OVERSEAS, FINANCIAL AND OTHER INSTITUTIONS AS WELL AS INDIVIDUALS, HE SAID.

A CHANGE IN WORDING FROM +BANKER'S BOOK+ TO +BANKER'S RECORD+ WOULD MAINTAIN THE PRESENT PRINCIPLE OF ADMISSIBILITY BUT WOULD EXTEND IT TO COVER RECORDS KEPT BY ELECTRONIC AND OTHER MEANS SUCH AS COMPUTERS, TAPES, MICROFILM AND SO FORTH.

THE INTRODUCTION WAS ALSO PROPOSED OF AN ARRANGEMENT FOR ADMITTING EVIDENCE IN CRIMINAL PROCEEDINGS WHICH HAS BEEN OBTAINED FROM THE RECORDS OF FOREIGN BANKS. SECONDLY, FOREIGN RECORDS OF A PUBLIC NATURE ARE OFTEN INCAPABLE OF PROOF IN HONG KONG BUT THE ORIGINAL FOREIGN RECORDS ARE INHERENTLY RELIABLE SOURCES OF INFORMATION. FOR THE PURPOSE OF CRIMINAL PROCEEDINGS, THEREFORE, THE BILL PROPOSES TO APPLY TO SUCH RECORDS MUCH THE SAME PRINCIPLE AS IN THE CASE OF BANKER'S RECORDS.

ANOTHER NEW PROCEDURE PROPOSED WOULD ALLOW THE HIGH COURT TO SEEK THE ASSISTANCE OF OVERSEAS COURTS IN OBTAINING DEPOSITIONS FROM WITNESSES AND, TO ENSURE A REASONABLY COOPERATIVE RESPONSE IN PROMOTING RECIPROCITY, THE PRESENT POWER OF THE HIGH COURT TO ASSIST OVERSEAS COURTS IS TO BE EXTENDED TO APPLY TO CRIMINAL MATTERS WHERE A PROSECUTION OVERSEAS HAS NOT YET BEEN INSTITUTED.

/MR THOMAS