XN000022-1991-08-08 — Page 5

THURSDAY, AUGUST 8, 1991

TO

AID

IN

THE BILL ORGANISED CRIME, THE INVESTIGATION OF

PARTICULAR EMPOWERS THE COURTS TO ORDER A PERSON IN POSSESSION OF

AWAY AND TO MATERIAL TO ALLOW INVESTIGATORS TO EXAMINE OR TAKE IT

TO ISSUE WARRANTS FOR INVESTIGATORS TO ENTER AND SEARCH PREMISES AND SEIZE EVIDENCE.

THE PENALTY FOR HINDERING OR OBSTRUCTING OFFICERS EXECUTING WARRANT WOULD BE A MAXIMUM $250,000 FINE AND TWO YEARS IMPRISONMENT ON ON SUMMARY INDICTMENT OR A $50,000 FINE AND SIX MONTHS IMPRISONMENT CONVICTION.

OF

CORROBORATION SAID THE BEFORE

COMMENTING ON EXISTING PROBLEMS RELATING TO THE EVIDENCE WHEN IT IS GIVEN BY ACCOMPLICES, THE SPOKESMAN

WOULD GOVERNMENT

GIVE

MATTER FURTHER THIS

CONSIDERATION DECIDING WHETHER TO MAKE APPROPRIATE CHANGES TO THE LAW.

GIVE IT IS COMMON FOR ACCOMPLICES IN CRIME TO PLEAD GUILTY AND

SENTENCE. IN EVIDENCE IN THE HOPE THAT THEY WILL RECEIVE A REDUCED SOME CASES, THE WITNESSES MAY ALSO BE GIVEN IMMUNITY FROM ON CONDITION THAT THEY GIVE FULL AND TRUE EVIDENCE,

PROSECUTION

ACCOMPLICE

"AS THERE IS CLEARLY A RISK THAT THE EVIDENCE OF AN MAY BE TAINTED BY AN IMPROPER MOTIVE, THE COURTS HAVE DEVELOPED A RULE THAT THE JUDGE MUST ISSUE A WARNING AGAINST ACTING ON EVIDENCE, THE SPOKESMAN EXPLAINED.

[

"THE NATURE

UNCORROBORATED

HAVE BECOME BEEN CRITICISED

APPLICATION OF THE WARNING AND ITS EXTREMELY COMPLICATED AND THE LAW AND PRACTICE HAVE WIDELY.

"IN ENGLAND, THE LAW IS UNDER EXAMINATION BY THE LAW COMMISSION AND IN OTHER JURISDICTIONS SIMILAR TO HONG KONG, THE RULE HAS BEEN

THE ABANDONED IN

OF A SIMPLER WARNING GIVEN BY FAVOUR ADDED.

HE

JUDGE,

REPLACED TO TREAT

THE

IT HAS BEEN PROPOSED THAT THE PRESENT RULE SHOULD BE BY AN OBLIGATION BY THE JUDGE TO WARN HIMSELF OR THE JURY ACCOMPLICE EVIDENCE WITH CAUTION.

THE SPOKESMAN SAID BECAUSE OF THE CONTROVERSIAL NATURE OF RULE OF CORROBORATION, THE PROPOSAL HAS NOT BEEN INCLUDED IN THE WHITE BILL.

DOCUMENT "HOWEVER, REFERENCE IS MADE TO IT IN THE CONSULTATION TO INVITE FEEDBACK FROM THE GENERAL PUBLIC AND THE LEGAL PROFESSION TO BE FOLLOWED HELP THE GOVERNMENT DECIDE HOW THE PROPOSAL SHOULD BEST UP," HE SAID.

EXISTING AND

THE GOVERNMENT IS ALSO SEEKING THE PUBLIC'S VIEWS ON RULES WHICH REGULATE AND PRESCRIBE THE BASIC FORM OF INDICTMENT THE MANNER IN WHICH CASES ARE TO BE PRESENTED.

SAME

THE INDICTMENT RULES PROVIDE FOR CHARGES FOR ANY OFFENCES TO BE JOINED IN THE SAME INDICTMENT IF THOSE CHARGES ARE FOUND ON THE FACTS.

/HOWEVER, A