XN000022-1989-01-09 — Page 9

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MONDAY, JANUARY 9, 1989

REPRESENTATIVES

A WORKING PARTY COMPRISING

OF THE JUDICIARY AND HIS CHAMBERS HAD BEEN WORKING TOWARDS REFORM IN THIS AREA.

THE GROUP HAD PRODUCED A REPORT RECOMMENDING THE ABOLITION OF THE ANCIENT DISTINCTIONS BETWEEN FELONIES AND MISDEMEANOURS, A PROPOSAL ENDORSED BY THE BAR ASSOCIATION AND THE LAW SOCIETY.

MR MATHEWS SAID HE EXPECTED TO SEE LEGISLATION ΤΟ IMPLEMENT THIS PROPOSAL INTRODUCED IN THE NEAR FUTURE.

THE SAME WORKING PARTY WAS ALSO LOOKING AT THE MAGISTRATES ORDINANCE WITH A VIEW TO ESTABLISHING A NEW MAGISTRATES COURT AND SIMPLIFYING AND MODERNISING PROCEDURES.

HE SAID THE LAW SOCIETY, THE BAR ASSOCIATION AND THE FACULTY OF LAW AT THE UNIVERSITY OF HONG KONG WERE BEING CONSULTED ON A NEW AND SIMPLE PROCEDURE FOR THE COMMENCEMENT OF PROCEEDINGS ΤΟ REPLACE THE EIGHT EXISTING PROCEDURES.

ON THE WORK OF THE LAW REFORM COMMISSION, MR MATHEWS SAID THREE TOPICS WERE REFERRED TO THE COMMISSION FOR CONSIDERATION LAST YEAR.

AND

TWO WERE CONCERNED DIRECTLY WITH FREEDOM OF THE INDIVIDUAL THE POWERS THE LAW GAVE TO POLICE OFFICERS AND OTHER PUBLIC OFFICERS THAT AFFECTED THAT FREEDOM.

THESE CONCERNED THE OFFENCE OF LOITERING AND THE LAWS TO POWERS OF STOP, SEARCH, SEIZURE, ARREST AND DETENTION.

RELATING

HE SAID HE EXPECTED THE REPORT ON LOITERING ΤΟ BE PUBLISHED TOWARDS THE END OF THIS YEAR AND THE REPORT OF POWERS OF ARREST TO BE COMPLETED ABOUT THE END OF NEXT YEAR.

THE THIRD REFERENCE TO THE COMMISSION AROSE FROM A RECOMMENDATION CONTAINED IN THE LEGISLATIVE COUNCIL'S SELECT COMMITTEE REPORT ON COMPLEX COMMERCIAL CRIMES.

THE COMMISSION WOULD CONSIDER WHETHER

HONG KONG SHOULD HAVE

A SUBSTANTIVE OFFENCE OF FRAUD AS EXISTED IN CERTAIN COMMON LAW JURISDICTIONS.

A SUB-COMMITTEE WAS AT WORK ON THIS TOPIC AND WAS PRESENT ITS REPORT TO THE COMMISSION THIS YEAR.

EXPECTED

TO

MR MATHEWS ADDED THAT LATER THIS YEAR HE COMMISSION WOULD BE ASKED ΤΟ CONSIDER, AMONG OTHER CODIFICATION OF THE GENERAL PART OF THE CRIMINAL LAW.

EXPECTED

THE

MATTERS,

THE

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