XN000022-1984-08-16 — Page 6

THURSDAY, AUGUST 16, 1984

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+THE PAPER REACHES A CONCLUSION IN FAVOUR OF THE LAST OPTION, THAT IS, TRIAL BY JUDGE AND COMMERCIAL ADJUDICATORS. THE PROPOSAL IS THAT WHEN THE CHIEF JUSTICE RULES THAT IT IS AN APPROPRIATE CASE, BOTH IN THE HIGH COURT AND IN THE DISTRICT COURT, THE JUDGE WHO TRIES THE CASE SHOULD SIT WITH TWO COMMERCIAL ADJUDICATORS. THE Y WILL TOGETHER FORM A THREE-MAN TRIBUNAL TO DECIDE QUESTIONS OF FACT AND REACH THE VERDICT OF GUILTY OR NOT GUILTY. QUESTIONS OF LAW WILL BE FOR THE JUDGE ALONE TO DECIDE AND, LIKE THE JURY, THE ADJUDICATORS WILL BE BOUND TO ACCEPT HIS DIRECTION.

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+PRELIMINARY DISCUSSIONS WITHIN THE COMMERCIAL SECTOR SHOW THAT BUSINESS LEADERS ARE ENTHUSIASTIC ABOUT THE CONCEPT. DIFFICULTY IS ENVISAGED IN FINDING EXPERIENCED MEN AND WOMEN OF COMMERCE AND BUSINESS TO SERVE AS COMMERCIAL ADJUDICATORS.

+! MUST EMPHASISE THAT THIS WILL NOT MEAN, FOR EXAMPLE, THAT BANKERS WILL BE TRIED BY BANKERS, ACCOUNTANTS BY ACCOUNTANTS AND SO ON. THE TYPE OF ADJUDICATOR WOULD BE SELECTED BY THE REGISTRAR OF THE SUPREME COURT IN CONSULTATION WITH THE CHIEF JUSTICE FROM A PANEL OF ADJUDICATORS WHOSE BACKGROUND AND EXPERIENCE WOULD ENABLE HIM TO UNDERSTAND AND APPRECIATE THE INTRICACIES OF THE EVIDENCE. THEY WOULD BE BUSINESSMEN ACCUSTOMED TO DEALING WITH THE TYPE OF MATTERS LIKELY TO BE BROUGHT IN EVIDENCE RATHER THAN EXPERTS FROM A PARTICULAR PROFESSION.

+WHICHEVER SYSTEM IS FINALLY DECIDED UPON, IT WOULD BE CLOSELY MONITORED AND REVIEWED IN THE LIGHT OF EXPERIENCE.

+THE PAPER HAS ANNEXED TO IT A BILL FOR AN ORDINANCE WHICH WOULD SEEM SUITABLE IF THE OPTION SUPPORT IS PROCEEDED WITH, AS WELL AS EXTRACTS FROM COMMENTS BY JUDGES AND ACADEMICS, WHICH ILLUSTRATE SOME OF THE POINTS MADE IN THE PAPER.

+ I HOPE THAT THE PERSONS CONSULTED AND ANY MEMBER OF THE PUBLIC WITH VIEWS UPON THE MATTERS DISCUSSED WILL COMMENT PREFERABLY IN WRITING TO ME THROUGH MR J.K. FINDLAY, A SENIOR OFFICER IN MY CHAMBERS.+

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TEXTAB REVIEWS DEVELOPMENTS ON U.S. TEXTILES RULES

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THE TEXTILES ADVISORY BOARD (TEXTAB) HELD A MEETING THIS (THURSDAY) AFTERNOON TO DISCUSS AND REVIEW, AMONG OTHER THINGS, LATEST DEVELOPMENTS ON THE PROPOSED U.S. RULES ON TEXTILE IMPORTS.

THE MEETING, CHAIRED BY THE SECRETARY FOR TRADE AND INDUSTRY, MR E.P. HO, AGREED ON THE APPROACH WHICH THE HONG KONG DELEGATION WOULD TAKE AT THE CONSULTATIONS IN WASHINGTON WITH UNITED STATES AUTHORITIES ON AUGUST 20 AND 21.

/AS PREVIOUSLY