XN000022-1988-07-06 — Page 9

7

WEDNESDAY, JULY 6, 1988

MR SWAINE SAID ONE FURTHER REFORM INTRODUCED BY THE BILL RELATED TO THE DISPOSITION AT THE PREPARATORY STAGE OF OBJECTIONS TO EVIDENCE.

PROSECUTOR ΤΟ THE OF TO CALL AT

UNDER CLAUSE 13(1), THE JUDGE MIGHT ORDER THE SERVE

ACCUSED ON THE

AND DELIVER TO THE COURT COPIES STATEMENTS OF THE WITNESSES WHOM THE PROSECUTOR INTENDED THE TRIAL AFTER THE JURY HAD BEEN EMPANELLED.

THE JUDGE MIGHT ALSO ORDER THE ACCUSED TO STATE ANY OBJECTION HE HAD TO SUCH EVIDENCE, AND THE GROUND OF HIS OBJECTION.

MR SWAINE EXPLAINED THAT THE OBJECT OF THIS REFORM WAS TO MINIMISE DELAYS OCCASIONED DURING THE TRIAL AFTER THE JURY HAD BEEN EMPANELLED BY THE LATE TAKING OF OBJECTIONS TO EVIDENCE.

"WHERE THE DEFENCE DOES NOT OBJECT IN ADVANCE TO SUCH EVIDENCE, ITS ADMISSIBILITY AT THE TRIAL SHALL NOT BE OBJECTED ΤΟ UNLESS THE JUDGE IS SATISFIED THAT THE OBJECTION COULD NOT REASONABLY - HAVE BEEN MADE DURING THE PREPARATORY HEARING, HE ADDED.

+

NOTING THAT IT HAD BEEN CONSIDERED TOO DRASTIC TO SHUT OUT A MR LATE OBJECTION TO EVIDENCE, WHICH MIGHT OTHERWISE BE MERITORIOUS,

AUTHORISING THE

PROVISION

WOULD BE INTRODUCED

SWAINE SAID THAT A JUDGE SPECIFICALLY TO ORDER THE ACCUSED TO PAY TO THE PROSECUTOR ADDITIONAL COSTS THUS INCURRED.

THE

CARDINAL PRINCIPLES OF CRIMINAL JUSTICE MUST BE UPHELD

PRINCIPLES

OF

THE CARDINAL

CRIMINAL JUSTICE MUST NOT BE PEOPLE OF HONG WHITTLED DOWN IN ANY CIRCUMSTANCES WHATSOEVER IF THE

AND THE INDEPENDENCE OF THE KONG WISH TO PRESERVE THE RULE OF LAW

MARTIN LEE SAID IN THE LEGISLATIVE JUDICIARY AFTER 1997, THE HON COUNCIL TODAY (

(WEDNESDAY).

SPEAKING MR LEE WAS

IN SUPPORT OF THE

COMMERCIAL COMPLEX

CRIMES BILL 1988.

HE SAID IT WAS NECESSARY FOR PEOPLE TO REMIND ON TWO OCCASIONS TWO VERY BASIC PRINCIPLES OF HONG CRIMINAL JUSTICE HAD BEEN UNDER THREAT.

THEMSELVES THAT KONG'S SYSTEM OF

1985 PROPOSED THE

FIRST, THE TRIAL OF COMMERCIAL CRIMES BILL ABOLITION OF JURY TRIAL FOR COMPLEX COMMERCIAL CRIMES BY THE JURY BY TWO COMMERCIAL ADJUDICATORS SITTING WITH A JUDGE.

SUBSTITUTING

"AND SO