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WEDNESDAY, JUNE 1, 1986.

"IF THAT ATTITUDE IS MAINTAINED THEN

THIS BILL WILL BE SUCCESSFUL IN REDUCING THE LENGTH AND COST OF COMPLEX COMMERCIAL CRIME TRIALS WITHOUT ANY ENCROACHMENT ON THE RIGHTS OF THE ACCUSED AND THE COLLECTIVE GOOD OF THE PEOPLE OF HONG KONG WILL THEREBY BR

PROTECTED."

ON DECEMBER 11, 1987, THE COMPLEX COMMERCIAL CRIMES BILL WAR PUBLISHED AS A WHITE BILL FOR PUBLIC COMMENT. THE BILL HAD BREN BASED ON RECOMMENDATIONS MADE BY A LEGCO SELECT COMMITTEE CHAIRED Bt THE HON PETER C. WONG.

THE MAJOR AREAS OF REFORM RECOMMENDED BY THE SELECT COMMITTE WERE THE INTRODUCTION OF COMPULSORY PREPARATORY HEARINGS AND THE ABOLITION OF COMMITTAL PROCEEDINGS IN THESE CASES.

IT WAS PROPOSED THAT DISCLOSURE REQUIREMENTS OF DEGREE BE PLACED ON THE PROSECUTOR AND THE ACCUSED.

VARYIN

THE PREPARATORY HEARING, WHILE PART OF THE TRIAL, WAS TO PLACE BEFORE THE JURY WAS EMPANELLED.

TAKI

UNDER THE SCHEME PROPOSED THE PURPOSES OF THE PREPARATORY HEARING INCLUDED THE IDENTIFICATION OF ISSUES LIKELY ΤΟ BE MATERIAL TO THE VERDICT OF THE JURY; AID TO THE JURY'S UNDERSTANDING OF SUCH ISSUES; EXPEDITION OF THE PROCEEDINGS BEFORE THE JURY AND ASSISTANCE TO THE JUDGE'S MANAGEMENT OF THE PROCEEDINGS.

THE JUDGE WAS TO BE ABLE TO DETERMINE QUESTIONS OF LAW DURING ADMISSIBILITY OF THE PREPARATORY HEARING, INCLUDING QUESTIONS ON THE EVIDENCE.

MR MATHEWS SAID THAT WHILE THE ADMINISTRATION WAS FIRMLY BEHIND THE SELECT COMMITTEE'S PROPOSALS, IT WAS FELT TO BE APPROPRIATE TO ALLOW A FURTHER OPPORTUNITY FOR PUBLIC CONSULTATION ON THIS IMPORTANT MEASURE.

"AS THE WHITE BILL SOUGHT TO IMPLEMENT SELECT COMMITTEE RECOMMENDATIONS, PUBLIC COMMENTS WERE RECEIVED BY OMELCO RATHER THAN THE ADMINISTRATION, HE SAID.

THE COMMENTS AND REPRESENTATIONS ON THE WHITE BILL SHOWED BROAD SUPPORT FOR THE ABOLITION OF COMMITTALS AND THE NEED FOR SOME SORT OF PREPARATORY HEARING PROCEDURE.

ACT THE

HE SAID COMPARISONS WERE MADE WITH THE UK CRIMINAL JUSTICE 1987 WHICH GAVE A GREATER BLEMENT OF JUDICIAL DISCRETION IN APPLICATION OF THE SPECIAL PROCEDURES THAN DID THE HONG KONG WHITE:

BILL.

JUDGE, RATHER THAN

THE

WHEN A PREPARARTORY

IT WAS FELT THAT IN HONG KONG TOO, A ATTORNEY GENERAL, SHOULD BE EMPOWERED TO DECIDE HEARING SHOULD TAKE PLACE.

/MR MATHEWS