XN000022-1993-04-08 — Page 3

THURSDAY, APRIL 8, 1993

AGC'S RESPONSE TO REPORT OF COMMISSION OF INQUIRY

IN RESPONSE TO THE REPORT OF THE COMMISSION OF INQUIRY INTO WITNESS PROTECTION PUBLISHED TODAY (THURSDAY), A SPOKESMAN FOR THE ATTORNEY GENERAL'S CHAMBERS ISSUED THE FOLLOWING STATEMENT:

SINCE THE

ENDING OF THE ABORTED MURDER TRIAL, THE ATTORNEY GENERAL'S CHAMBERS AND THE RELEVANT LAW ENFORCEMENT AGENCIES HAVE PUT INTO OPERATION NEW PRACTICES THAT WILL PREVENT AS FAR AS POSSIBLE A RECURRENCE OF DIFFICULTIES SIMILAR TO THOSE THAT OCCURRED DURING THE COURSE OF THAT PARTICULAR TRIAL.

ARRANGEMENTS ARE NOW IN PLACE TO ENSURE THAT IN ALL FUTURE CASES WHERE WITNESS PROTECTION IS REQUIRED, THERE WILL BE CLOSE LIAISON, AT A HIGH LEVEL, AT THE EARLIEST POSSIBLE STAGE BETWEEN THE ATTORNEY GENERAL'S CHAMBERS, THE POLICE AND THE CORRECTIONAL SERVICES DEPARTMENT.

THE REPORT BY MR JUSTICE KEMPSTER WILL BE FULLY TAKEN INTO ACCOUNT IN FURTHER CONSIDERING WHAT LESSONS CAN BE LEARNT.

A POINT MENTIONED BY MR JUSTICE KEMPSTER IS THAT THE LAW IN HONG KONG HAS NO EQUIVALENT TO SECTION 23(1) AND (3)(B) OF THE CRIMINAL JUSTICE ACT 1988 WHICH PERMITS THE ADMISSION IN EVIDENCE OF. THE WRITTEN STATEMENT OF A WITNESS, MADE TO A POLICE OR EQUIVALENT OFFICER, WHO FAILS TO GIVE ORAL TESTIMONY THROUGH FEAR. CAREFUL CONSIDERATION IS NOW BEING GIVEN TO WHETHER SIMILAR PROVISIONS SHOULD BE ADOPTED IN HONG KONG'S CRIMINAL LAW.

THE REPORT ALSO DISCUSSES THE LAW ON THE PROVISION OF ALTERNATIVE ACCOMMODATION FOR THE PROTECTION OF VIETNAMESE MIGRANTS UNDER DETENTION, WHILST MAKING CLEAR THAT THE CONSTRUCTION OF THE LAW IN THIS AREA IS ULTIMATELY A MATTER FOR THE COURT TO RULE ON.

THE ATTORNEY GENERAL'S CHAMBERS HAS PROVIDED ITS LEGAL VIEWS ON THIS MATTER TO THE RELEVANT GOVERNMENT AGENCIES. THE PRACTICALITIES OF VARIOUS OPTIONS AVAILABLE ARE MATTERS OF POLICY FOR THE GOVERNMENT AGENCIES TO CONSIDER.

THE CASE HAS REVEALED THAT THERE MAY BE A NEED, PARTICULARLY IN RESPECT OF SOME CATEGORIES OF WITNESSES, FOR BASIC INFORMATION ABOUT THE LEGAL SYSTEM IN HONG KONG TO BE PROVIDED.

WE UNDERSTAND THAT THE FIGHT CRIME COMMITTEE HAS RECOMMENDED THAT LEAFLETS EXPLAINING THE IMPORTANCE AND DUTIES OF A WITNESS IN A TRIAL BE GIVEN TO ALL WITNESSES BEFORE THEY COME TO COURT SO THAT THEY WILL KNOW WHAT WILL BE REQUIRED OF THEM IN COURT.

ANOTHER POINT MENTIONED IN THE REPORT CONCERNS THE USE OF NOLLE PROSEQUI. THE POLICY ON THE USE OF NOLLE PROSEQUI WAS FORMULATED IN 1989 FOLLOWING SERIOUS CONCERN AND CRITICISM EXPRESSED BY THE PUBLIC AND THE LEGISLATIVE COUNCIL ABOUT THE PREVIOUS POLICY AND ITS APPLICATION.

THE POLICY WAS ADOPTED AFTER LENGTHY CONSIDERATION COMPREHENSIVE CONSULTATION WITH THE LEGAL PROFESSION.

AND

/IN DECIDING