XN000022-1990-04-04 — Page 42

WEDNESDAY, APRIL 4, 1990

40

"SUCH A WITNESS WOULD ALSO BE COMPELLABLE IF THE ACCUSED WAS CHARGED WITH ATTEMPTING, CONSPIRING TO COMMIT, AIDING, ABETTING, COUNSELLING OR PROCURING OR INCITING THE COMMISSION OF ANY OF THESE OFFENCES," MR MATHEWS SAID.

CLASUE 3 OF THE BILL ALSO IMPLEMENTS RECOMMENDATIONS OF THE COMMISSION.

THE

OTHER MAIN

MR MATHEWS POINTED OUT THAT THE BILL PROVIDED THAT CHANGES CONCERNING THE COMPETENCE OR COMPELLABILITY

COMPELLABILITY OF SPOUSES WOULD NOT AFFECT THE RIGHT OF AN ACCUSED ΤΟ GIVE EVIDENCE, OR HIS OR HER PRIVILEGE AGAINST SELF INCRIMINATION, WHEN SUCH A PERSON WAS JOINTLY CHARGED FOR AN OFFENCE WITH HIS OR HER SPOUSE.

PRIVILEGE

AGAINST

THE BILL PRESERVES THE STATUTORY INCRIMINATION BY ONE SPOUSE OF ANOTHER EXCEPT WHERE THE WITNESS IS COMPELLABLE TO GIVE EVIDENCE FOR THE PROSECUTION.

"THE BILL ALSO SUBSTANTIALLY PRESERVES THE COMMON LAW RIGHT OF A PERSON TO RESIST DISCLOSURE OF ANY COMMUNICATION MADE BY HIS OR HER SPOUSE DURING THE MARRIAGE, ALTHOUGH AN EXCEPTION

THAT RIGHT IS MADE WHERE THE PERSON IS LAWFULLY COMPELLED TO TESTIFY AGAINST HIS HER SPOUSE," MR MATHEWS SAID.

OR

DEBATE ON THE MOTION WAS ADJOURNED.

HK COMMITTED TO PROTECTING ENDANGERED SPECIES

THE ANIMALS AND PLANTS (PROTECTION AND ENDANGERED SPECIES) (AMENDMENT) BILL 1990, WHICH HAS BEEN INTRODUCED TO THE LEGISLATIVE COUNCIL, DEMONSTRATES HONG KONG'S COMMITMENT TO ENDANGERED SPECIES, THE SECRETARY FOR ECONOMIC ANSON CHAN, SAID TODAY (WEDNESDAY).

THE PROTECTION OF SERVICES, THE HON

IN MOVING THE SECOND READING OF THE BILL, MRS CHAN SAID IT PROVIDED FOR THE STRICT CONTROL OF COMMERCIAL TRADE IN HIGHLY ENDANGERED SPECIES OF WILD FAUNA AND FLORA BY IMPOSING A REQUIREMENT ON THE DIRECTOR OF AGRICULTURE AND FISHERIES NOT TO ISSUE A LICENCE FOR THEIR IMPORT OR EXPORT.

CONCERN

SHE POINTED OUT THAT FOLLOWING WIDESPREAD INTERNATIONALLY OVER THE CONTINUED DECLINE OF THE AFRICAN ELEPHANT, PANTIES TO THE CONVENTION ON TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES), HAD DECLARED THAT SPECIES TO BE HIGHLY ENDANGERED.

A BAN ON INTERNATIONAL TRADE IN IVORY CAME INTO EFFECT IN JANUARY THIS YEAR. THIS BAN DID NOT IMMEDIATELY APPLY TO HONG KONG BECAUSE THE UK GOVERNMENT HAD, AT OUR REQUEST, ENTERED A RESERVATION WITH CITES THE FFFECT OF WHICH WAS TO DELAY IMPLEMENTATION OF THE UNTIL JULY 17, 1990. SHE SAID.

BAN

/"THIS 'BREATHING'