XN000022-1988-07-06 — Page 10

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WEDNESDAY, JULY 6, 1988

"AND SO THE JURY SYSTEM WHICH IS THE CORNERSTONE OF OUR CRIMINAL JUSTICE IN HONG KONG WAS BEING ROCKED ΤΟ ITS VERY FOUNDATION," HE REMARKED.

THEN THE WHITE BILL ON THE DRAFT COMPLEX COMMERCIAL CRIMES BILL 1987 REQUIRED AN ACCUSED INDICTED FOR A COMPLEX COMMERCIAL TO DELIVER TO THE COURT A WRITTEN OUTLINE OF THE DEFENCE CASE.

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CRIME

THE

'SUCH A REQUIREMENT WOULD HAVE FORCED THE ACCUSED TO TELL PROSECUTOR HIS CASE EVEN BEFORE THE TRIAL COMMENCED, AND IT THEREFORE THREATENED ANOTHER CARDINAL PRINCIPLE OF CRIMINAL JUSTICE, NAMELY, THAT A PERSON IS PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED, WITH A COROLLARY THAT AN ACCUSED HAS THE RIGHT TO REMAIN SILENT THROUGHOUT, HE SAID.

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MR LEE SAID THAT, NOT UNNATURALLY, BOTH THE BAR COMMITTEE AND THE COUNCIL OF THE LAW SOCIETY MADE STRONG OBJECTIONS ON BOTH OCCASIONS.

HE ADDED THAT IT WAS TO THE CREDIT OF LEGISLATIVE COUNCILLORS AND TO THE RESPECTIVE ATTORNEYS GENERAL THAT REMOVED.

H

IF, AS WAS ARGUED AT ONE STAGE, AND COSTLY, THEN WE MUST APPRECIATE QUALITY OF JUSTICE FOR SPEED AND THE CITIZEN WOULD SUFFER BECAUSE A SERIOUS RIGHT TO TRIAL BY OUR PEERS, HE SAID.

[

BOTH THREATS WERE NOW

JURY TRIALS ARE PROTRACTED THAT ONCE WE SACRIFICE THE SAVING OF COST, THEN EVERY INROAD WOULD BE MADE INTO OUR

LIKEWISE, IF, AS HAD BEEN ARGUED RECENTLY, IT WOULD SHORTEN THE TRIAL IF THE PROSECUTOR WERE TO BE INFORMED BEFORE COMMENCEMENT OF THE ACCUSED PERSON'S DEFENCE, THEREBY SAVING TIME AND MONEY, AGAIN WOULD BE A SERIOUS INROAD INTO THE PRESUMPTION OF INNOCENCE.

IT

"IN THE CONTEXT OF 1997, NOTHING CAN BE MORE IMPORTANT THAN THE PRESERVATION OF THESE CARDINAL PRINCIPLES, MR LEE ADDED.

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