XN000022-1986-07-31 — Page 2

THURSDAY, JULY 31, 1986

COMPLEX COMMERCIAL CRIME REPORT WELCOMED

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A LEGAL DEPARTMENT SPOKESMAN TODAY (THURSDAY) WELCOMED THE REPORT ON THE PROSECUTION AND TRIAL OF COMPLEX COMMERCIAL CRIMES COMPLETED BY A LEGCO SELECT COMMITTEE UNDER THE CHAIRMANSHIP OF PETER C. WONG.

THE SPOKESMAN SAID THAT THE ADMINISTRATION WAS APPRECIATIVE OF THE CAREFUL EXAMINATION WHICH THE LEGCO GROUP HAD GIVEN TO THIS IMPORTANT AREA OF THE LAW.

COMMERCIAL CRIME WAS A MATTER OF GRAVE CONCERN IN HONG KONG, BOTH IN TERMS OF THE SIZE AND NUMBER OF CASES INVOLVED.

IT WAS APPROPRIATE THAT THE PROBLEMS POSED BY THE PROSECUTION AND TRIAL OF COMPLEX COMMERCIAL CRIME SHOULD HAVE BEEN THE SUBJECT OF SUCH THOROUGH SCRUTINY,

*THE REPORT WOULD NEED TO BE STUDIED IN DETAIL BEFORE A COMPREHENSIVE RESPONSE COULD BE GIVEN BUT IN THE MEANTIME THE LEGAL DEPARTMENT SPOKESMAN COMMENDED THE PROPOSAL TO DISPENSE WITH COMMITTAL PROCEEDINGS IN COMPLEX COMMERCIAL CRIME CASES.

HE WAS ALSO PLEASED TO NOTE THAT THE COMMITTEE HAD AGREED WITH THE APPROACH ADOPTED IN THE ROSKILL REPORT IN ENGLAND

IMPOSING A REQUIREMENT ON THE DEFENCE TO OUTLINE THE NATURE OF THEIR CASE AT THE PREPARATORY STAGE.

THIS WAS A REFORM WHICH HAD BEEN STRONGLY SUPPORTED BY THE ATTORNEY GENERAL IN HIS EVIDENCE TO THE SELECT COMMITTEE AND THE LEGAL DEPARTMENT SPOKESMAN PRAISED THE COMMITTEE FOR RECOGNISING THE MERITS OF THIS PROPOSAL.

THE SPOKESMAN NOTED THAT THE SELECT COMMITTEE REPORT FAVOURED THE RETENTION OF JURY TRIALS IN COMPLEX COMMERCIAL CRIMES,

HE POINTED OUT THAT THE ATTORNEY GENERAL HAD ADVOCATED SUCH AN APPROACH BOTH IN THE LEGISLATIVE COUNCIL AND IN HIS EVIDENCE TO THE SELECT COMMITTEE WHEN HE SAID + IT WOULD IN MY JUDGMENT DE FRAUGHT WITH DANGER TO INTRODUCE A MODE OF TRIAL THAT DID NOT COMMAND BROAD 'SUPPORT. IT IS NO LONGER A QUESTION OF WHETHER THE BILL'S PROPOSALS ARE GOOD ONES OR THE BEST OF THE ALTERNATIVES, IT IS A QUESTION OF WHETHER THEY WOULD GENERALLY BE REGARDED AS A BASIS FOR A FAIR TRIAL IF THEY WERE PASSED INTO LAW+.

THE SELECT COMMITTEE'S RECOMMENDATION ON THIS WOULD BE

CAREFULLY CONSIDERED BY THE EXECUTIVE COUNCIL.

THE SPOKESMAN ADDED THAT THE WHOLE OF THE SELECT COMMITTEE'S REPORT WOULD HAVE TO BE STUDIED IN DETAIL. IT WOULD BE FOR THE EXECUTIVE COUNCIL TO DECIDE WHETHER TO WITHDRAW THE TRIAL OF COMMERCIAL CRIMES BILL AND PROCEED WITH A NEW BILL OR TO AMEND THE BILL AT PRESENT BEFORE THE LEGISLATIVE COUNCIL.

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