XN000022-1988-07-06 — Page 12

10

WEDNESDAY, JULY 6, 1988

THE EXTENT OF

THE

THE THIRD IMPORTANT IMPROVEMENT CONCERNED DEFENCE'S OBLIGATION TO DISCLOSE ITS CASE, MR NGAI SAID.

MET WITH HE SAID THE ORIGINAL PROPOSAL IN THE 1987 WHITE BILL

WOULD SEEK STRONG OPPOSITION BECAUSE IT

ΤΟ DEPRIVE DEFENDANTS OF

RIGHT TO THEIR

SILENCE, AND HENCE PUTTING THEM

VERY IN A

DISADVANTAGEOUS POSITION.

THE SCOPE OF MR NGAI SAID HE WAS THEREFORE PLEASED THAT

THE STATEMENT GIVING THE DISCLOSURE HAD BEEN NARROWED TO ONLY A WRITTEN FACTS ON WHICH THE DEFENCE TOOK ISSUE WITH THE PROSECUTION.

BILL WHICH HOWEVER, HE CONSIDERED THAT CLAUSE 16(1)(B) OF THE REQUIRED THAT "A WRITTEN STATEMENT OF ALL REASONABLY FORESEEABLE

ON WHICH THE DEFENCE MAY WISH PROPOSITIONS OF LAW

то RELY" BE DELIVERED TO THE COURT, WAS A HEAVY AND UNFAIR BURDEN ON THE DEFENCE.

ON THIS "SUBJECT TO MR MARTIN LEE'S COMMITTEE STAGE AMENDMENT

WRITTEN CLAUSE, I WOULD CONSIDER IT MORE ACCEPTABLE TO REQUIRE ONLY A STATEMENT IN RESPONSE

THE PROSECUTION'S PROPOSITIONS OF LAW,'

MR NGAI SAJD.

ΤΟ

SOCIETIES BILL A SENSIBLE, TIDYING-UP MEASURE'

AS "A

THE SOCIETIES (AMENDMENT) (NO. 3) BILL 1988 IS DESIGNED SENSIBLE, TIDYING-UP MEASURE", THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE

BILL, MR MATHEWS SAID THE SOCIETIES ORDINANCE WAS INTENDED TO PROHIBIT TRIAD SOCIETIES AND OTHER GROUPS WHICH THREATENED THE PEACE, WELFARE OR GOOD ORDER OF HONG KONG.

HE EXPLAINED THAT AT PRESENT, BY ITEM (6) OF THE SCHEDULE ΤΟ THE ORDINANCE, PARTNERSHIPS CONSISTING OF NOT MORE THAN 20 PERSONS FORMED FOR THE SOLE PURPOSE OF CARRYING ON ANY LAWFUL BUSINESS AND REGISTERED UNDER ANY OTHER ORDINANCE WERE EXEMPTED FROM REGISTRATION.

NOT

THIS EXCLUSION WAS PROVIDED AND LIMITED TO PARTNERSHIPS OF MORE THAN 20 MEMBERS BECAUSE, PRIOR TO 1978, THE COMPANIES ORDINANCE PROHIBITED PARTNERSHIPS OF MORE THAN 20 MEMBERS.

IN 1978, THE COMPANIES ORDINANCE WAS AMENDED ΤΟ PERMIT PARTNERSHIPS OF MORE THAN 20 SOLICITORS, ACCOUNTANTS OR STOCKBROKERS. BUT, BY AN APPARENT OVERSIGHT, NO CORRESPONDING AMENDMENT WAS MADE TO ITEM (6).

/SUBSEQUENTLY, MANY