XN000022-1992-05-13 — Page 48

WEDNESDAY, MAY 13, 1992

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POWER FOR HIGH COURT TO AFFIRM CONVICTION PROPOSED

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THE MAGISTRATES (AMENDMENT} (NO. 2) BILL 1992 PROPOSES TO GIVE HIGH COURT THE POWER ΤΟ AFFIRM THE CONVICTION OF A DEFENDANT NOTWITHSTANDING THAT THE POINT RAISED ON THE APPEAL MIGHT BE DECIDED IN FAVOUR OF THE CONVICTED PERSON, PROVIDED IT IS SATISFIED THAT NO MISCARRIAGE OF JUSTICE HAS OCCURRED.

THE POWER IS LIKELY TO BE USED WHERE AN APPEAL RAISES A TECHNICAL ISSUE ONLY, WHICH DOES NOT AFFECT THE ESSENTIAL CORRECTNESS OF THE ORIGINAL CONVICTION.

UNDER EXISTING LAW, THIS POWER IS ALREADY AVAILABLE ΤΟ THE COURT OF APPEAL UPON CRIMINAL APPEALS FROM HIGH COURT OR DISTRICT COURT TRIALS.

HOWEVER, THE HIGH COURT DOES NOT HAVE THIS POWER WHEN DETERMINING APPEALS FROM THE MAGISTRATES COURTS.

IN A CASE HEARD AT THE END OF 1988, THE COURT OF APPEAL RECOMMENDED THAT A SPECIFIC PROVISION FOR SUCH A DISCRETIONARY POWER BE INCLUDED IN STATUTE LAW.

THE COURT OF APPEAL

STATED THAT THE EXPEDITIOUS AND FAIR DISPATCH OF APPEALS FROM MAGISTRATES IN HONG KONG WOULD GREATLY BE FACILITATED BY SUCH A POWER.

WITHOUT THIS POWER, JUDGES ARE OBLIGED TO ORDER NEW TRIALS OF CASES THAT HAVE SUCCEEDED IN APPEALS ON PURELY TECHNICAL ISSUES ALTHOUGH THE MAGISTRATES VERDICTS ARE SAFE.

THE BILL WILL BE GAZETTED THIS FRIDAY AND WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON MAY 27.

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UNAUTHORISED BUILDING WORKS TO BE CLOSED

THE BUILDING AUTHORITY IS SEEKING TO CLOSE THE UNAUTHORISED BUILDING WORKS ON TWO BUILDINGS IN KWUN TONG AND SHAM SHUI PO SO THAT THEY CAN BE DEMOLISHED WITHOUT DANGER TO THE OCCUPIERS AND THE PUBLIC.

THE UNAUTHORISED STRUCTURES IN KWUN TONG ARE LOCATED AT FLATS A, G AND H, FIRST FLOOR OF MEE ON BUILDING, 39-49 HANG ON STREET.

IN SHAM SHUI PO, THE WORKS ARE SITUATED AT THE FRONT PORTIONS OF THE ROOF OF 208 AND 210 FUK WING STREET.

NOTICES OF INTENTION TO APPLY FOR CLOSURE ORDERS UNDER THE BUILDINGS ORDINANCE FROM THE HONG KONG DISTRICT COURT ON JULY 15 AND AUGUST 28 RESPECTIVELY WERE POSTED ON THE PREMISES TODAY (WEDNESDAY},

DEMOLITION WORKS ARE EXPECTED TO START AS SOON AS ORDERS ARE ISSUED.

THE

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CLOSURE