XN000022-1987-03-25 — Page 29

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WEDNESDAY, MARCH 25, 1987

HE ADDED THAT HE HAD LOOKED AT ALL OTHER RELEVANT FACTORS AND CONCLUDED THAT A PROSECUTION SHOULD NOT BE BROUGHT.

+DECISIONS OF THIS NATURE ARE ESSENTIALLY MATTERS OF JUDGEMENT.

+ WAS MADE AWARE THAT CRIMINAL LIABILITY WOULD BE KEENLY CONTESTED. MY VIEW WAS THAT THE OUTCOME OF A PROSECUTION WAS FAR FROM CERTAIN, MR THOMAS SAID.

+ IN THE END, THE DECISION WAS MINE ALONE. NO ONE DIRECTED ME WHAT TO DO,+ HE STRESSED.

MR THOMAS ALSO POINTED OUT THAT THERE WERE GOOD REASONS WHY AN ATTORNEY GENERAL DID NOT NORMALLY EXPLAIN IN PUBLIC A DECISION NOT TO PROSECUTE IN A PARTICULAR CASE.

+IN OUR LEGAL SYSTEM, THE ONLY PROPER PLACE FOR QUESTIONS OF GUILT OR INNOCENCE OF CRIME TO BE DETERMINED IS IN A COURT, WHERE THE ACCUSED HAS THE RIGHT TO A FAIR TRIAL IN ACCORDANCE WITH THE RULES OF CRIMINAL JUSTICE, AND THE OPPORTUNITY TO DEFEND

HIMSELF,+ HE SAID.

+ IT WOULD BE QUITE WRONG FOR AN ATTORNEY GENERAL, HAVING DECIDED THAT THE ISSUE SHOULD NOT PROCEED TO TRIAL IN THE COURTS, TO SAY ANYTHING IN PUBLIC THAT MIGHT BE TAKEN TO INDICATE A BELIEF IN THE SUSPECT'S GUILT, OR WHICH MIGHT LEAD TO A PUBLIC DISCUSSION OF THAT VERY QUESTION, HE SAID.

CONTROL OF FRINGE GOLD TRADING NEED TO BE STUDIED

*****

THE GOVERNMENT IS CONSIDERING WHETHER THE FRINGE ELEMENT OF LOCO-LONDON GOLD TRADING COULD BE CAUGHT BY THE PROVISIONS OF THE GAMBLING ORDINANCE IN CERTAIN CIRCUMSTANCES, THE FINANCIAL SECRETARY, THE HON PIERS JACOBS, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

REPLYING TO A QUESTION BY THE HON DANIEL TSE. MR JACOBS SAID WHILE MOST TRADING IN LOCO-LONDON GOLD IN HONG KONG WAS CARRIED OUT BY HIGHLY REPUTABLE DEALERS, THE GOVERNMENT HAD NOTED THERE WAS A LESS DESIRABLE ELEMENT IN THE MARKET.

HE ADDED SOME COMPLAINTS HAD BEEN LODGED BY INVESTORS WHO FELT THEY HAD BEEN VICTIMISED. HE SAID THE PRACTICES ADOPTED BY THE LESS REPUTABLE DEALERS WERE CLEARLY UNDESIRABLE AND COULD AFFECT THE REPUTATION OF HONG KONG'S GOLD MARKET, WHICH WAS AMONG THE LARGEST IN THE WORLD.

/+IF WE