XN000022-1984-06-13 — Page 13

WEDNESDAY, JUNE 13, 1984

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IMPORTANT CHANGES TO EVIDENCE RULES

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THE NEW PROPOSALS IN THE EVIDENCE (AMENDMENT) BILL 1984 INTRODUCED IMPORTANT CHANGES WHICH WOULD FACILITATE THE TENDERING OF EVIDENCE, PARTICULARLY IN CRIMINAL PROCEEDINGS, THE HON PETER C. WONG SAID IN THE LEGISLATIVE COUNCIL TODAY.

SPEAKING IN SUPPORT OF THE BILL, HE SAID THAT ITS MAIN OBJECTIVE WAS TWOFOLD: TO AMEND THE EXISTING RULES OF EVIDENCE RELATING TO THE PROOF OF RECORDED INFORMATION, AND TO PROVIDE A NEW PROCEDURE FOR OBTAINING EVIDENCE OUTSIDE HONG KONG FOR USE IN CRIMINAL PROCEEDINGS IN HONG KONG.

HE ADDED THAT THE PROVISIONS HAD BEEN CAREFULLY STUDIED BY THE COUNCIL'S LEGISLATION SCRUTINY GROUP AND CONSULTATIONS WITH THE ADMINISTRATION HAD RESULTED IN SEVERAL AMENDMENTS.

THE AMENDMENTS ARE:

*

CLAUSE - NEW SECTION 19A (1) ALLOWS FOREIGN DOCUMENTS CERTIFIED BY THE CHIEF SECRETARY TO BE PRODUCED IN COURT. A NEW SUBSECTION (4) WILL BE INSERTED REQUIRING 14 DAYS' NOTICE IN WRITING OF THE INTENTION TO TENDER SUCH DOCUMENT. IT WAS CONSIDERED THAT TO ENSURE FAIRNESS, APPROPRIATE NOTICE SHOULD BE GIVEN TO THE OPPOSITE PARTY.

+

★ CLAUSE 7 - IN SUBSECTION (3) (B) (1), THE WORDS IF *

FOUND' WILL BE DELETED AND SUBSTITUTED BY THE PHRASE 'IF SUCH A PERSON IS FOUND'. THIS CHANGE SERVES TO REMOVE ANY AMBIGUITY THAT MIGHT ARISE.

* CLAUSE 7 - SUBSECTION (13) WILL BE AMENDED TO MAKE IT

POSSIBLE FOR THE DEFINITION OF COMPUTER' IN SUBSECTION (12) TO BE AMENDED BY A RESOLUTION OF THE LEGISLATIVE COUNCIL.

+MEMBERS OF THE LEGISLATION SCRUTINY GROUP ARE SATISFIED THAT THE BILL HAS ACHIEVED ITS OBJECTIVE AND WILL FURTHER STRENGTHEN OUR LEGISLATION IN THIS IMPORTANT AREA OF THE LAW, MR WONG SAID,

HE POINTED OUT THAT THE ADMINISTRATION HAD UNDERTAKEN TO DRAW UP GUIDELINES WITH RESPECT TO THE PRACTICE AND PROCEDURE APPLICABLE TO THE NEW SECTION 19A (1).

+FOREIGN DOCUMENTS TO BE PRODUCED IN COURT MUST BE ACCOMPANIED BY A CERTIFICATE PURPORTING TO BE SIGNED BY THE CHIEF SECRETARY.

+MEMBERS OF THE LEGISLATION SCRUTINY GROUP ARE CONCERNED THAT UNLESS CLEAR GUIDELINES ARE DRAWN UP, THE DEFENDANT OR HIS LEGAL REPRESENTATIVE MAY BE CONFRONTED WITH BUREAUCRATIC OBSTACLES,+ HE

SAID.

MOVING THE THIRD READING OF THE BILL, THE ACTING ATTORNEY GENERAL, THE HON GERALD NAZARETH, EXPLAINED FURTHER THAT NEW SECTION 19A (1) SEEKS ONLY TO PROVIDE A SIMPLE MEANS OF GETTING FOREIGN DOCUMENTS ADMITTED IN EVIDENCE IN CRIMINAL PROCEEDINGS.

/+ALL THAT