XN000022-1994-03-25 — Page 4

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FRIDAY, MARCH 25, 1994

"TO GIVE EVIDENCE IN COURT IS A STRESSFUL EXPERIENCE. HANDICAPPED PERSONS BECOME DISTRESSED MORE READILY THAN THE OF THE POPULATION AND ANYTHING THAT CAN BE DONE TO HELP THEM COMMENDED," HE ADDED.

THE THIRD RECOMMENDATION OF THE WORKING PARTY DEPOSITIONS TO BE TAKEN BEFORE A MAGISTRATE.

MENTALLY MAJORITY

BE

IS TO

IS THE

MR JUSTICE WONG EXPLAINED THAT IN A CASE WHERE FOR GOOD AND VALID REASONS IT

WAS UNAVOIDABLE THAT A TRIAL COULD NOT BE HELD WITHOUT DELAY OR WHERE THE EXPOSURE TO A FULL TRIAL WOULD INVOLVE DANGER то THE PHYSICAL OR MENTAL HEALTH OF THE WITNESS, THE PROSECUTION OR THE DEFENCE MIGHT APPLY IN WRITING TO A MAGISTRATE ΤΟ TAKE A DEPOSITION OF THE MENTALLY HANDICAPPED WITNESS.

IF THE APPLICATION IS MADE UNDER THE FORMER SITUATION, THE APPLYING PARTY WILL PRODUCE BEFORE THE MAGISTRATE A CERTIFICATE OF THE REGISTRAR, SUPREME COURT STATING THE REASON OR REASONS AS TO WHY AN EARLY AND SPEEDY TRIAL IS NOT POSSIBLE.

AN

IF THE APPLICATION IN MADE UNDER THE LATTER SITUATION, AFFIDAVIT OR AFFIRMATION OF A MEDICAL PRACTITIONER WILL HAVE то BE PRODUCED, HE SAID.

"THE DEPOSITION WILL BE SIGNED BY THE MAGISTRATE WITH A CERTIFICATE STATING THE REASONS FOR TAKING THE DEPOSITION, THE DATE AND PLACE IT IS TAKEN AND THE NAMES OF THOSE PRESENT. THE DEPOSITION IS ADMISSIBLE IN EVIDENCE WITHOUT FURTHER PROOF,"

THE WORKING PARTY ALSO RECOMMENDS THE PUBLICATION OF BOOKLETS AND PAMPHLETS "TO PSYCHOLOGICALLY PREPARE THE HANDICAPPED WITNESSES FOR THE APPEARANCE IN COURT".

MR JUSTICE WONG STATED THAT BOOKLETS OR PAMPHLETS EXPLAINING THE PROCEDURE IN SIMPLE, PLAIN AND NON-TECHNICAL LANGUAGE WOULD BE OF GREAT ASSISTANCE.

"THESE CAN BE READ BY THE MENTALLY HANDICAPPED WITNESSES THEMSELVES IF THEY CAN READ AND UNDERSTAND THEM AND, IF NOT, THEY CAN BE EXPLAINED TO THEM BY THEIR FAMILY MEMBERS, SOCIAL WORKERS OR SCHOOL TEACHERS BEFORE GOING TO COURT.

"BY THE TIME THE MENTALLY HANDICAPPED WITNESS ARRIVES IN COURT, HE OR SHE WILL HAVE AT LEAST SOME IDEAS WHY HE OR SHE IS IN COURT AND WHAT HE OR SHE IS EXPECTED TO DO AND WHAT OTHER PEOPLE ARE ALSO THERE," HE SAID.

THE WORKING PARTY WAS APPOINTED BY THE CHIEF JUSTICE, SIR TI LIANG YANG, IN OCTOBER LAST YEAR.

IT COMPRISED SEVEN MEMBERS: MR JOHN WOOD, DIRECTOR OF PUBLIC PROSECUTIONS; MR ALLAN CHOW, COMMISSIONER FOR REHABILITATION; MR ANTHONY CHAN, ASSISTANT DIRECTOR OF SOCIAL WELFARE (YOUTH AND REHABILITATION); MR MICHAEL LUNN, A BARRISTER RECOMMENDED BY THE BAR ASSOCIATION: MR T C FOO, A SOLICITOR RECOMMENDED BY THE LAW SOCIETY; DR SYLVIA CHAN, A PSYCHIATRIST IN PRIVATE PRACTICE; AND MR FRED LI WAR-MING, A LEGISLATIVE COUNCIL MEMBER.

/THE WORKING