XN000022-1993-10-06 — Page 2

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WEDNESDAY, OCTOBER 6, 1993

SPECIAL PROVISIONS FOR

DISABLED WITNESSES SHOULD BE CONSIDERED

GENERAL'S

DIRECTOR OF PUBLIC PROSECUTIONS OF THE ATTORNEY CHAMBERS, MR JOHN WOOD, BELIEVED CONSIDERATION SHOULD BE GIVEN TO INTRODUCING CERTAIN PROVISIONS IN THE LAW OF ENGLAND INTO HONG KONG TO PROTECT CHILDREN AND THE MENTALLY DISABLED WHEN GIVING EVIDENCE IN COURT.

SPECIAL CHAIRED BY MR

QUESTION OF

WORKING JUSTICE MENTALLY

MR WOOD HAS RECENTLY BECOME A MEMBER OF A GROUP, APPOINTED BY THE CHIEF JUSTICE AND MICHAEL WONG KIN-CHOW, TO LOOK INTO THE HANDICAPPED PEOPLE GIVING EVIDENCE IN COURT.

AT A LUNCHEON MEETING OF THE ROTARY CLUB OF KOWLOON GOLDEN MILE TODAY (WEDNESDAY), HE SAID HE UNDERSTOOD WELL THE RECENT CASE INVOLVING THE MILDLY RETARDED YOUNG LADY WHO MADE ALLEGATIONS OF RAPE HAD GENERATED A GREAT DEAL OF CRITICISM OF THE WAY IN WHICH IT WAS HANDLED.

"IN TRUTH THE VICTIM GAVE HER EVIDENCE WITH SOME DIFFICULTIES AND BECAME DISTRESSED UNDER CROSS-EXAMINATION.

"I AM NOT SURPRISED BECAUSE GIVING EVIDENCE IS NOT EXPERIENCE

—

A PLEASANT

I MYSELF HAVE DONE SO ON SEVERAL OCCASIONS то COURTS AND TRIBUNALS AND FOR SOMEONE WHO IS NOT BLESSED WITH MENTAL NORMALITY IT MUST BE AN EVEN GREATER ORDEAL, HE SAID.

CHILDREN TO

"THERE IS NOW PROVISION IN THE LAW OF ENGLAND FOR GIVE EVIDENCE FROM OUTSIDE THE COURTROOM THROUGH A LIVE VIDEO LINK AND IN ONE CASE THE COURT OF APPEAL IN ENGLAND APPROVED OF A SCREEN TO PREVENT YOUNG CHILDREN SEEING OR BEING DEFENDANTS.

THE ERECTION SEEN BY THE

"THERE IS ANOTHER SECTION IN THE ENGLISH CRIMINAL JUSTICE ACT OF 1988 WHICH IS VERY RADICAL AND FAR REACHING AND IT ENABLES A COURT TO RECEIVE IN EVIDENCE A VIDEO TAPE OF AN INTERVIEW OR INTERVIEWS BETWEEN A CHILD WITNESS AND AN ADULT WHICH RELATES то ANY MATTER RELEVANT TO THE PROCEEDINGS.

OF THIS

"BUT A JUDGE WILL NORMALLY NOT ALLOW THE INTRODUCTION EVIDENCE UNLESS THE CHILD IS AVAILABLE FOR CROSS-EXAMINATION," HE ADDED.

"AGAIN WE MIGHT PERHAPS CONSIDER WHETHER A PROVISION SUCH AS THIS SHOULD BE INTRODUCED INTO OUR LAW NOT ONLY FOR CHILDREN BUT ALSO PERSONS UNDER MENTAL DISABILITY, MR WOOD SAID.

"

HOWEVER, HE EMPHASISED THAT FAIRNESS IN A CRIMINAL TRIAL MUST RELATE TO THE DEFENDANT AS WELL AS TO WITNESSES.

"IF WE GO TOO FAR AND DENY A DEFENDANT A FAIR TRIAL, OUR SYSTEM OF JUSTICE WILL SOON FALL INTO DISREPUTE, HE SAID.

M

/MR WOOD