XN000022-1986-01-10 — Page 4

Daily Information Bulletin 新聞公報 All

FRIDAY, JANU3Y 10, 1966

THE FOLLOWING WAS ISSUED BY THE LORD CHANCELLOR'S DEPARTMENT IN LONDON AT 8 PM (HONG KONG TIME) TODAY:

THE REPORT OF THE FRAUD TRIALS COMMITTEE MAJOR CHANGES PROPOSED IN THE LAW AND PROCEDURES FOR COMBATTING FRAUD

* * * *

THE REPORT OF THE FRAUD TRIALS COMMITTEE IS PUBLISHED TODAY (JANUARY 10). THE COMMITTEE, UNDER THE CHAIRMANSHIP OF LORD ROSKILL, CALLS FOR FUNDAMENTAL CHANGES IN THE LAW AND IN ATTITUDES AND PROCEDURES - IF THE PERPETRATORS OF SERIOUS FRAUD ARE TO BE +SWIFTLY AND EFFECTIVELY DISCOVERED, CONVICTED AND PUNISHED+.

IN AN INTRODUCTORY SUMMARY TO ITS 250-PAGE REPORT THE EIGHT-MEMBER COMMITTEE STATES THAT IN RELATION TO SERIOUS CRIMES OF FRAUD AND TO THE SKILFUL AND DETERMINED CRIMINALS WHO COMMIT THEM THE PRESENT LEGAL SYSTEM IS ARCHAIC, CUMBERSOME AND UNRELIABLE+; IT OFFERS +AN OPEN INVITATION TO BLATANT DELAY AND ABUSE+.

THE COMMITTEE EMPHASISES THAT THE CHANGES IT CALLS FOR SOME OF WHICH WILL REQUIRE LEGISLATION WILL MAKE DEMANDS UPON THE INVESTIGATING AUTHORITIES, THE JUDICIARY, THE BAR AND THE ADMINISTRATION OF THE COURTS. IT EXPRESSES THE HOPE THAT THE GOVERNMENT WILL NOT SHRINK FROM IMPLEMENTING THEM.

AMONG A TOTAL OF 112 RECOMMENDATIONS FOR CHANGE, THE COMMITTEE CALLS FOR

* SUBSTANTIAL REVISION OF THE RULES OF EVIDENCE;

* FOR COMPLEX FRAUD TRIALS, TRIAL BY JUDGE AND

TWO LAY MEMBERS (THE FRAUD TRIALS TRIBUNAL+) SHOULD REPLACE TRIAL BY JUDGE AND JURY;

* THE DEFENDANT'S RIGHT OF PEREMPTORY CHALLENGE OF JURORS TO BE ABOLISHED IN FRAUD CASES AS SHOULD THE PROSECUTION'S RIGHT OF +STAND BY FOR THE CROWN+;

* THE ABOLITION OF FULL COMMITTAL PROCEEDINGS IN

SERIOUS FRAUD CASES:

* A REQUIREMENT THAT THE DEFENCE SHOULD DISCLOSE

THE OUTLINE OF THE IR CASE IN ADVANCE OF THE TRIAL:

* THE SETTING UP OF AN INDEPENDENT MONITORING

BODY (THE +FRAUD COMMISSION+) TO STUDY THE EFFICIENCY WITH WHICH FRAUD CASES ARE PURSUED FROM DETECTION THROUGH TO TRIAL; AND

THE APPOININ

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