XN000022-1990-07-25 — Page 28

WEDNESDAY, JULY 25, 1990

26

AS FOR THE CONCERN ABOUT THE IMPLICATIONS OF THE BILL OF RIGHTS SAID THE ATTORNEY IN RELATION TO THE "RIGHT TO SILENCE", MR NENDICK

THAT IT GENERAL'S CHAMBERS HAD BEEN CONSULTED AND THEIR ADVICE WAS WOULD BE MOST UNLIKELY FOR THE COURTS TO FIND THE LEGISLATION TO BE IN CONFLICT WITH THE BILL OF RIGHTS.

SHOULD THE

"THE COURTS CAN BE RELIED UPON TO RESOLVE DOUBTS NEED ARISE.

I

CENTRAL TO THE

HE SAID.

"WE

FIRMLY BELIEVE THAT CLAUSE 16, WHICH IS EFFECTIVENESS OF THE TRIBUNAL APPROACH, SHOULD BE RETAINED,

MR NENDICK SAID THE ADMINISTRATION CONTINUED TO FAVOUR HEARINGS IN PUBLIC WITH A DISCRETION FOR THE TRIBUNAL TO HOLD SITTINGS, OR PART THEREOF, IN PRIVATE IF THE INTERESTS OF JUSTICE SO REQUIRE.

HE SAID THE WIDER PUBLIC INTEREST CALLED FOR PUBLIC HEARINGS. THE VIRTUE OF PUBLIC HEARINGS WAS THAT PUBLIC SCRUTINY ASSISTED

BEING EMPLOYED, IN PREVENTING OPPRESSIVE OR UNFAIR PROCEDURES

SUSPICION DISPELLED WHAT WAS TAKING PLACE PUBLIC AWARENESS OF OPPRESSION AND UNFAIRNESS.

AND' OF

POSSIBLE INJUSTICE, BUT TO MEET THE LEGITIMATE CONCERN ABOUT

IN PRIVATE, AND THE THERE MUST BE A DISCRETION TO HOLD SITTINGS TRIBUNAL WAS BEST PLACED TO EXERCISE THIS DISCRETION, MR NENDICK SAID.

HE SAID THE ADMINISTRATION BELIEVED THE TRIBUNAL PROCEDURES BE ADEQUATE AND THAT THEY NEED NOT BE ENSHRINED IN THE LAW.

"FIRST THE INSIDER DEALING TRIBUNAL, LIKE ANY OTHER IS SUBJECT TO THE RULES OF NATURAL JUSTICE.

"THE

то

TRIBUNAL,

MANNER

TRIBUNAL HAS A DUTY TO ACT IN A JUDICIAL AND FAIR AND NO PERSON SHALL BE CONDEMNED UNLESS HE HAS BEEN GIVEN PRIOR NOTICE

THE ALLEGATIONS AGAINST HIM AND AN OPPORTUNITY TO BE HEARD PRINCIPLE OF AUDI ALTERI PARTEM.

"SECONDLY, THEIR ENSHRINEMENT

RESTRAINTS UPON THE TRIBUNAL," HE SAID.

THE

WOULD IMPOSE UNNECESSARY

OR THIS AND INHIBIT VERY FLEXIBILITY WHICH WAS

INVESTIGATIVE NOTING THAT THE TRIBUNAL'S PROCEEDINGS WERE INQUISITORIAL BY NATURE, MR NENDICK SAID THE FLEXIBILITY WHICH APPROACH AFFORDED WAS THE MAIN ATTRACTION OF THE TRIBUNAL SYSTEM ANY ATTEMPT TO LAY DOWN FORMAL PROCEDURAL REQUIREMENTS WOULD THE TRIBUNAL AND WOULD UNDERMINE THE CRUCIAL TO THE EFFECTIVENESS OF THE SYSTEM.

"WE PREFER THEREFORE TO ALLOW THE TRIBUNAL TO PROCEDURES IN THE LIGHT OF THE CIRCUMSTANCES OF EACH INQUIRY, IN MIND ITS DUTY TO OBSERVE THE RULES OF NATURAL JUSTICE," HE SAID.

SET ITS OWN

BEARING

ON MARKET

EFFECT BILL AND ITS то AS

SCOPE OF THE THE ACTIVITIES, MR NENDICK EXPLAINED A NUMBER OF SEPARATE POINTS.

/ON THE

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