XN000022-1989-06-06 — Page 9

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TUESDAY, JUNE 6, 1989

THE EXECUTIVE COUNCIL'S APPROVAL IN PRINCIPLE OF THE THREE CHANGES IN THE LAW FOLLOWS THE RECOMMENDATIONS MADE IN THE LAW *REFORM COMMISSION'S REPORT ON "COMPETENCE AND COMPELLABILITY CRIMINAL PROCEEDINGS", COMPLETED IN MARCH LAST YEAR.

OF SPOUSES IN

SUBJECT то THE

THE SPOKESMAN SAID THE BILL WHEN DRAFTED WILL, EXECUTIVE COUNCIL'S FINAL APPROVAL, BE TABLED IN THE LEGISLATIVE COUNCIL, HOPEFULLY IN THE NEXT SESSION.

HE EXPLAINED THAT HISTORICALLY AT COMMON LAW NEITHER A HUSBAND NOR A WIFE WAS COMPETENT OR COMPELLABLE TO TESTIFY AGAINST HIS OR HER SPOUSE. AT PRESENT IN HONG KONG, THR COMMON LAW RULE PREVAILS IN CRIMINAL BUT NOT CIVIL PROCEEDINGS. THERE ARE HOWEVER STATUTORY EXCEPTIONS, SUCH AS THE FACT THAT A SPOUSE IS AT PRESENT COMPETENT, BUT NOT COMPELLABLE, TO TESTIFY FOR THE DEFENCE IN ALL CRIMINAL PROCEEDINGS. THERE WILL BE NO CHANGE TO THIS LAW.

"THE GENERAL THRUST OF THE LAW REFORM COMMISSION'S RECOMMENDATIONS IS TO MOVE AWAY FROM THE RIGIDITY OF THE COMMON LAW POSITION, WHERE A SPOUSE WAS EXCLUDED FROM GIVING EVIDENCE, TOWARDS A SITUATION WHERE SPOUSE (A) WOULD BE COMPETENT TO TESTIFY AGAINST SPOUSE (B) IN ALL CASES, COMPELLABLE TO TESTIFY FOR SPOUSE (B) IN ALL CASES, BUT COMPELLABLE TO TESTIFY AGAINST SPOUSE (B) ONLY IN CASES INVOLVING OFFENCES THAT THREATENED THEIR FAMILY," THE SPOKESMAN SAID.

IN RECOMMENDING THAT A SPOUSE AGAINST HIS OR HER HUSBAND OR WIFE, CONSIDERED THAT THIS SHOULD ONLY APPLY CASES:

BE COMPELLABLE TO TESTIFY THE LAW REFORM COMMISSION IN THE FOLLOWING TYPES OF

*

ASSAULT ON, OR INJURY OR THREAT OF INJURY TO SPOUSE (A) OR THEIR CHILD UNDER 16 YEARS OF AGE;

* SEXUAL OFFENCES AGAINST A CHILD OF THE FAMILY UNDER 18

YEARS OF AGE; AND

ATTEMPTING,

CONSPIRING то COMMIT, AIDING, COUNSELLING OR PROCURING THE COMMISSION OF OFFENCE.

ABETTING, SUCH AN

PREVAIL MARITAL

"THE ADMINISTRATION AGREES THAT, IN THE CASE OF CRIMES AFFECTING THE FAMILY ITSELF, THE INTERESTS OF JUSTICE SHOULD OVER THE SANCTITY OF MARRIAGE, THE CONFIDENTIALITY OF COMMUNICATIONS AND FAMILY HARMONY.

"THE CRIMES IDENTIFIED INVOLVE CASES OF A TYPE WHERE FACTORS HAVE FAILED AND THE FAMILY IS IN NEED OF THE PROTECTION, THE SPOKESMAN SAID.

It

THESE

LAW'S

IN ACCEPTING THE LAW REFORM COMMISSION'S RECOMMENDATION THAT SPOUSES COULD BE COMPELLED TO TESTIFY FOR THE DEFENCE OF AN ACCUSED HUSBAND OR WIFE IN ALL CASES, THE SPOKESMAN RXPLAINED:

"THE ADMINISTRATION