XN000022-1994-01-18 — Page 16

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TUESDAY, JANUARY 18, 1994

THE 13 RECOMMENDATIONS MADE BY THE WORKING PARTY ARE:

PERSON

* AFTER A CHARGE INVOLVING A MENTALLY HANDICAPPED

EITHER AS THE DEFENDANT OR A WITNESS IS BEFORE THE COURT, THE PROSECUTION OR THE DEFENCE, AS THE CASE MAY BE, WILL SUBMIT TO THE COURT AS SOON AS POSSIBLE A CLINICAL PSYCHOLOGICAL REPORT IDENTIFYING THAT THE DEFENDANT OR THE WITNESS IS A MENTALLY HANDICAPPED PERSON;

*

THE COURT WILL FIX AN EARLY DATE FOR THE TRIAL OF THE CASE;

AS FAR AS PRACTICABLE, A CANTONESE-SPEAKING MAGISTRATE SHOULD BE ASSIGNED TO TRY THE CASE;

JUDGE OR

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THE PART OF THE CASE INVOLVING THE MENTALLY HANDICAPPED WITNESS GIVING EVIDENCE BE CONDUCTED IN CANTONESE IF THE PARTIES REQUEST AND THE COURT IS SATISFIED THAT THE CIRCUMSTANCES OF THE CASE SO WARRANT;

THE COURT WILL HEAR THE EVIDENCE OF A MENTALLY HANDICAPPED PERSON IN A ROOM SIMILAR TO A JUVENILE COURT OTHER THAN THE COURTROOM IN WHICH THE COURT SITS;

ALL PERSONS OTHER THAN THOSE PERMITTED TO BE PRESENT BY COURT WILL BE EXCLUDED;

THE

THE JUDGE AND COUNSEL WILL REMOVE THEIR WIGS AND GOWNS AND WEAR ORDINARY ATTIRE;

A SOCIAL WORKER, OR A SCHOOL TEACHER OF THE MENTALLY HANDICAPPED WITNESS OR ANY SUITABLE PERSON APPROVED BY THE COURT MAY ACCOMPANY THE MENTALLY HANDICAPPED WITNESS AND SIT NEAR HIM OR HER WHILE THE WITNESS GIVES EVIDENCE PROVIDED THAT THE COURT AND COUNSEL WILL ENDEAVOUR TO ENSURE THAT THERE IS NO PROMPTING OR COACHING OF EVIDENCE;

THE MENTALLY HANDICAPPED WITNESS WILL BE ALLOWED COUNSELLING BY A CLINICAL PSYCHOLOGIST OR A PSYCHIATRIST BEFORE, DURING AND AFTER THE EVIDENCE OF THE WITNESS;

THE ITS

ON

COURT WILL CONSIDER SYMPATHETICALLY APPLICATIONS OR OWN MOTION GRANT ADJOURNMENTS TO ALLOW A MENTALLY HANDICAPPED WITNESS TIME TO REST AND TO COMPOSE HIMSELF OR HERSELF BEFORE CONTINUING то GIVE EVIDENCE WHENEVER CIRCUMSTANCE SO WARRANTS;

THE COURT AND COUNSEL OR SOLICITOR WILL ENDEAVOUR TO ENSURE THAT SIMPLE QUESTIONS ARE ASKED IN CROSS-EXAMINATION AND LONG AND COMPLICATED QUESTIONS OR QUESTIONS WHICH TEND TO CONFUSE, EMBARRASS OR MISLEAD THE WITNESS MUST BE AVOIDED;

A ROOM BACH IN THE SUPREME COURT AND THE DISTRICT COURT EQUIPPED AND MODIFIED WITH SETTING AND LAYOUT SIMILAR TO A JUVENILE COURT SHOULD BE AVAILABLE FOR USE WHENEVER NECESSARY; AND

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THE JUDICIAL