XN000022-1988-05-20 — Page 2

FRIDAY, MAY 20, 1988

COMPLEX COMMERCIAL CRIMES BILL 1988 PUBLISHED

THE COMPLEX COMMERCIAL CRIMES BILL 1988, DESIGNED ΤΟ SIMPLIFY AND IMPROVE THE MANNER IN WHICH TRIALS OF SUCH CRIMES ARE CONDUCTED, WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JUNE 1.

THE BILL, PUBLISHED IN THE GAZETTE TODAY (FRIDAY), REFLECTS MANY OF THE VIEWS EXPRESSED DURING THE CONSULTATION EXERCISE WHICH FOLLOWED THE PUBLICATION OF THE WHITE BILL ON DECEMBER 11 LAST YEAR.

A GOVERNMENT SPOKESMAN SAID: "THE PUBLISHED BILL 15 THE PRODUCT OF AN INTENSIVE CONSULTATION EXERCISE CONDUCTED BY THE LEGCO AD HOC GROUP ON THE COMPLEX COMMERCIAL CRIMES BILL WHICH CONSIDERED COMMENTS FROM THE JUDICIARY, LEGAL PRACTITIONERS, THE BUSINESS SECTOR AND OTHER PROFESSIONAL GROUPS."

THE BILL SEEKS ΤΟ INTRODUCE MAJOR CHANGES ΤΟ THE CURRENT PROCEDURES FOR THE TRIAL OF COMPLEX COMMERCIAL CRIME CASES.

A MAJOR AREA OF REFORM IS TO PROVIDE FOR A PREPARATORY

TO REPLACE COMMITTAL PROCEEDINGS.

HEARING

UNDER THIS NEW PROCEDURE, SERIOUS CASES MAY BE TRANSFERRED FROM THE JURISDICTION OF A MAGISTRATE TO THE JURISDICTION OF THE HIGH COURT WITHOUT THE NEED FOR COMMITTAL PROCEEDINGS BEFORE THE MAGISTRATE.

WHERE A CASE IS TRANSFERRED UNDER THIS PROCEDURE AND A JUDGE DETERMINES THAT A PREPARATORY HEARING SHOULD TAKE PLACE, THE TRIAL IN THE HIGH COURT WILL BEGIN WITH A PREPARATORY HEARING BEFORE A JUDGE

SITTING WITHOUT A JURY.

"THE PURPOSE OF A PREPARATORY HEARING IS TO SETTLE LAW AND CLARIFY ISSUES FOR THE JURY,' THE SPOKESMAN SAID.

T

POINTS OF

"AT THE CONCLUSION OF THE PREPARATORY HEARING A JURY WILL BE EMPANELLED AND THE TRIAL WILL PROCEED IN THE USUAL WAY.

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AS A RESULT OF THE VIEWS RECEIVED DURING THE CONSULTATION EXERCISE, A NUMBER OF AMENDMENTS HAVE BEEN MADE TO THE WHITE BILL.

ONE AREA OF CONCERN CENTRED ON THE EXTENT TO WHICH THE DEFENCE WOULD HAVE TO DISCLOSE ITS CASE DURING THE PREPARATORY HEARING.

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IN AN ATTEMPT то MEET THESE CONCERNS WITHOUT SACRIFICING EFFECTIVE REFORM, THE BILL PROVIDES THAT THE JUDGE MAY ORDER THE DEFENCE TO RESPOND.

"THE RESPONSE WILL NOT NERD TO BE AN OUTLINE OF THE DEFENCE CASE, AS REQUIRED IN THE WHITE BILL, BUT WILL MERELY INDICATE THE FACTS ON WHICH THE ACCUSED TAKES ISSUE WITH THE PROSECUTION, THE SPOKESMAN SAID.

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/THE BILL