XN000022-1985-10-07 — Page 2

MONDAY, OCTOBER 7, 1985

LAW COMMISSION OFFERS PROPOSALS ON STATEMENTS

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THE LAW REFORM COMMISSION OF HONG KONG HAS SUBMITTED TO THE GOVERNMENT A PACKAGE OF PROPOSALS COVERING ADMISSION OF STATEMENTS IN COURTS WHICH IT SAYS ARE ESSENTIAL IN TACKLING THE PROBLEM EFFECTIVELY BUT WHICH WILL ALSO BE CONTROVERSIAL.

THE PROPOSALS PUT FORWARD BY THE COMMISSION ARE INTENDED TO DEAL WITH A FEATURE OF CRIMINAL TRIALS IN HONG KONG WHICH HAS IN RECENT YEARS BECOME A PROBLEM.

THIS IS THE VERY LARGE NUMBER OF CASES IN WHICH A CONFESSION STATEMENT MADE TO THE POLICE IS CHALLENGED AT TRIAL AND SOUGHT TO BE EXCLUDED FROM THE EVIDENCE ON THE GROUND THAT IT WAS IMPROPERLY OBTAINED.

THE PROPOSALS ARE BASED ON THE UNANIMOUS REPORT OF A SUB- COMMITTEE COMPOSED OF A HIGH COURT JUDGE, BARRISTERS, SOLICITORS AND NON-LAWYERS. IT WAS CHAIRED BY MR T.S. LO.

A SPOKESMAN FOR THE COMMISSION SAID THAT IN MAKING ITS RECOMMENDATIONS THE COMMISSION REALISES THAT +SOME OF THE PROPOSALS WILL BE CONTROVERSIAL.+

HE SAID: IT IS CONVINCED, HOWEVER THAT IF THE PROBLEMS SURROUNDING THIS ASPECT OF HONG KONG'S SYSTEM OF CRIMINAL JUSTICE ARE TO BE TACKLED EFFECTIVELY, THE. DOVETAILING PROPOSALS IT HAS PUT FORWARD WILL HAVE TO BE IMPLEMENTED.+

THE COMMISSION BELIEVES THE PACKAGE WOULD GO A LONG WAY TOWARDS ENSURING THAT SUSPECTS IN POLICE CUSTODY WERE PROPERLY TREATED.

THE COMMISSION ALSO BELIEVES:

* THE LARGE NUMBER OF TRIALS WITHIN A TRIAL - OR +VOIR DIRE+

THAT OCCUR AT PRESENT WOULD BE SUBSTANTIALLY REDUCED 1

* LAW ENFORCEMENT AGENCIES' TREATMENT OF SUSPECTS WOULD BE

MORE STRICTLY CONTROLLED

*

JURIES WOULD BE ABLE TO HEAR COMMENT FROM THE JUDGE AND THE PROSECUTION, AS WELL AS THE DEFENCE, ON THE SILENCE

OF THE ACCUSED WHEN QUESTIONED BY LAW ENFORCEMENT AGENCIES;

* SUSPECTS WOULD BE ABLE TO COMPLAIN MORE QUICKLY OF ALLEGED

MISTREATMENT;

*

*

THE OPPORTUNITIES FOR CONCOCTING FALSE ALLEGATIONS WOULD BE GREATLY REDUCED

A CONFESSION STATEMENT WOULD MORE RARELY HAVE TO BE KEPT FROM THE JURY AND

*

THE JURY WOULD MORE OFTEN BE ENTRUSTED TO DECIDE WHETHER A CONFESSION STATEMENT WAS TRUE OR FALSE.

/HOWEVER, THE