XN000022-1986-07-30 — Page 9

ON

WEDNESDAY, JULY 30, 1986

THE BILL PROVIDED FOR AN ADDITIONAL MODE OF TRIAL FOR COMPLEX COMMERCIAL CRIME CASES. THE COMMON JURY IN THESE CASES WAS TO BE REPLACED BY A TRIBUNAL CONSISTING OF A JUDGE AND THREE COMMERCIAL ADJUDICATORS.

THE 11 MEMBER SELECT COMMITTEE WAS APPOINTED IN NOVEMBER 1985 TO STUDY THE REPORT OF THE FIRST SELECT COMMITTEE AS WELL AS POSSIBLE CHANGES TO THE PROCEDURES BEFORE AND DURING THE TRIAL OF COMPLEX COMMERCIAL CRIMES, MR WONG SAID.

THE COMMITTEE HAD CONCLUDED THAT A TRIBUNAL CONSISTING OF A JUDGE AND THREE COMMERCIAL ADJUDICATORS DID NOT COMMAND THE +NECESSARY BROAD SUPPORT PUBLIC CONFIDENCE+.

THE COMMITTEE HAD THEREFORE RECOMMENDED THE RETENTION OF THE JURY FOR THE TRIAL OF COMPLEX COMMERCIAL CRIMES.

J

THAT TRIAL

THE COMMITTEE ARGUED, IN CHAPTER 7 OF ITS REPORT. BY JURY IN SUCH CASES WAS A FUNDAMENTAL RIGHT WHICH SHOULD NOT BE TAMPERED WITH LIGHTLY,

+WE ARE CONVINCED THAT THE HIGH EDUCATIONAL STANDARDS AND QUALIFICATIONS OF HONG KONG JURORS ENABLE THEM TO ASSIMILATE AND UNDERSTAND THE DIFFICULT AND TECHNICAL ISSUES IN A COMPLEX COMMERCIAL CRIME TRIAL,+ MR WONG SAID.

THE COMMITTEE WAS OF THE VIEW THAT THE GREATEST SCOPE FOR SAVINGS IN PUBLIC TIME AND MONEY IN RELATION TO COMPLEX COMMERCIAL CRIME CASES LAY IN THE INVESTIGATION AND PRE-TRIAL STAGES.

IN CHAPTER 2 OF ITS REPORT, THE COMMITTEE NOTED THAT THE INVESTIGATION OF COMPLEX COMMERCIAL CRIMES WAS BEING CONDUCTED EFFICIENTLY BY THE COMMERCIAL CRIME BUREAU AND THE ICAC.

THE COMMITTEE, HOWEVER, RECOMMENDED THAT THE GOVERNMENT CONSIDERED THE POSSIBILITY OF GRANTING TO THE POLICE POWERS TO ORDER THE PRODUCTION OF COMPANY BOOKS AND RECORDS.

THESE POWERS WERE SIMILAR TO THOSE NOW EXERCISED BY THE FINANCIAL SECRETARY UNDER SECTION 152A OF THE COMPANIES ORDINANCE. TO IMPROVE CO-OPERATION ON EACH CASE. THE COMMITTEE ALSO RECOMMENDED THAT THE LEADING PROSECUTING COUNSEL SHOULD BE NOMINATED THE +CASE CONTROLLER+ AT AN EARLY STAGE.

MR WONG SAID THAT A KEY RECOMMENDATION IN THE REPORT (CHAPTER 3) WAS THE ABOLITION OF FULL COMMITTAL PROCEEDINGS IN COMPLEX COMMERCIAL CRIME CASES.

/THE COMMITTE