XN000022-1988-07-06 — Page 11

WEDNESDAY, JULY 6, 1988

9

PROVISIONS IN BILL WELCOMED

THE COMPLEX COMMERCIAL

CRIMES

SHOULD SERVE TO

BILL 1988

TO REDUCE THE CONT WHILE SHORTEN THE DURATION OF FRAUD TRIALS AND

NGAI PRESERVING THE COMMON LAW SPIRIT OF THE JUDICIAL SYSTEM, THE HON SHIU-KIT SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

HONG

AND 07

THAT WITH SPEAKING IN SUPPORT OF THE BILL, MR NGAI SAID KONG'S GROWTH AS AN INTERNATIONAL COMMERCIAL AND FINANCIAL CENTRE INCREASING SOPHISTICATION IN BUSINESS TRANSACTIONS, EXISTING ITEMS

CRIME CASES LEGISLATION WERE HARDLY ADEQUATE TO DEAL WITH COMMERCIAL OF AN UNUSUALLY COMPLEX NATURE,

HE SAID PUBLIC CONCERN ON THE ISSUE HAD GIVEN RISE TO A OF DEVELOPMENTS.

SERIES

OF COMMERCIAL CRIMES THESE INCLUDED PUBLICATION OF THE TRIAL

COMMITTEE ON THE PROBLEMS BILL 1985, APPOINTMENT OF THE SELECT

IN INVOLVED IN THE PROSECUTION AND TRIAL OF COMPLEX COMMERCIAL CRIMES

IN 1986, THE SAME YEAR, PUBLICATION OF THE SELECT COMMITTEE'S REPORT

AND NOW THE PUBLICATION OF THE COMPLEX COMMERCIAL CRIMES BILL 1987, PRESENT BILL.

THAT THE HAD ALL

1987 WHITE BILL AS A MEMBER OF THE LEGCO AD HOC GROUP ON THE AND SUBSEQUENTLY ON THE 1988 BILL, MR NGAI SAID HE WAS GLAD AD HOC GROUP'S MAJOR RECOMMENDATIONS REGARDING THE 1987 BILL BEEN INCORPORATED IN THE PRESENT BILL.

DEFINITION WHETHER

"I THINK IT IS OF OVER-RIDING SIGNIFICANCE THAT THE OF COMPLEX COMMERCIAL CRIMES' SHOULD BE MADE IN RELALTION TO FRAUD OR DISHONESTY IN THE COMMERCIAL CONTEXT IS INVOLVED RATHER BY REFERENCE TO A SCHEDULE OF OFFENCES AS ORIGINALLY APPEARED 1987 BILL.

THAN

IN THE

** I

ALSO

CONSIDER

IT

OF

MAJOR

IMPORTANCE

THAT COMPLEX COMMERCIAL CRIMES BE CONFINED TO CASES OF BOTH FRAUD AND DISHONESTY IN THE COMMERCIAL CONTEXT AND NOT OTHERWISE,

ACCORDING TO MR NGAI,

1987

HE SAID.

THE

THE

IMPORTANT IMPROVEMENT OF ANOTHER WHITE BILL WAS TO GIVE THE JUDGE PRESENT BILL ON THE

A PREPARATORY DISCRETION TO DECIDE WHETHER IT WAS NECESSARY TO HAVE HEARING BEFORE THE JURY WAS EMPANELLED.

ALL REASONABLY "THIS PROVISION IS IMPORTANT BECAUSE IT ALLOWS

JURY FORESEEABLE POINTS OF LEGAL ARGUMENT TO BE DEALT WITH BEFORE THE

JUDICIAL DISCRETION SHOULD IS EMPANELLED, AND IT IS RECOGNISED THAT

THE TRIAL OF BE EXERCISED IN THE ORDERING OF SPECIAL PROCEDURES FOR COMPLEX COMMERCIAL CRIME CASES," HE SAID.

/THE THIRD