XN000022-1994-04-20 — Page 30

Daily Information Bulletin 新聞公報 All

WEDNESDAY, APRIL 20, 1994

21

"DISCIPLINARY ACTION HAS BEEN INSTITUTED AGAINST CONSIDERED BY THE BOARD OF INQUIRY TO HAVE BEEN AT FAULT,

THE OFFICER

11

HE SAID.

MR MATHEWS RECOUNTED THAT THE DEFENDANT IN THE CASE REFERRED TO HEARING WAS ORIGINALLY CHARGED WITH INDECENT ASSAULT. THE MAGISTRATE THE CASE FOUND THAT THERE WAS NO CASE FOR THE DEFENDANT TO ANSWER THAT CHARGE, BUT CONVICTED HIM OF COMMON ASSAULT.

ON

HIS

THAT THERE

HE SAID: "THE DEFENDANT APPEALED TO THE HIGH COURT AGAINST CONVICTION. THE APPEAL WAS ALLOWED AND THE JUDGE ORDERED SHOULD BE A NEW TRIAL BEFORE ANOTHER MAGISTRATE.

**THE LEGAL EFFECT OF THAT ORDER WAS THAT THE DEFENDANT WAS

THAT IS, BE RETRIED

THE CHARGE OF WHICH HE WAS CONVICTED, ON CHARGE OF COMMON ASSAULT," HE SAID.

TO

THE

THE

MR MATHEWS ADDED THAT THE JUDGE WHO HEARD THE FIRST APPEAL,

POLICE JUDGE'S CLERK, THE COUNSEL WHO CONDUCTED THE FIRST APPEAL, THE OFFICER IN CHARGE OF THE CASE, THE APPEAL CLERK AND THE FIRST CLERK OF A THE MAGISTRACY CONCERNED, ALL RECORDED EITHER THAT THERE WAS TO BE 'NEW TRIAL' OR 'ANOTHER TRIAL' OR 'A RETRIAL'.

"IT

UNDERSTOOD

WAS APPARENTLY ASSUMED THAT IT WOULD BE THIS MEANT A NEW TRIAL ON THE CHARGE OF WHICH THE DEFENDANT HAD CONVICTED, AND THAT THE PRECISE CHARGE TO BE FACED DID NOT HAVE TO SPECIFIED," HE SAID,

BUT

THE

THE COURT

RETRIAL PROSECUTOR WHO HANDLED APPRECIATE WHAT WAS INVOLVED IN A RETRIAL AND DID NOT RECEIVE ON THIS POINT, MR MATHEWS SAID.

THAT BEEN

BE

DID NOT ADVICE

HE SAID: "IT WAS NOT THE PRACTICE TO ISSUE A FRESH CHARGE SHEET THE IN RESPECT OF A RETRIAL IN THE MAGISTRACY AND THE COURT CLERK, AT RETRIAL, PLACED BEFORE THE MAGISTRATE THE ORIGINAL CHARGE SHEET.

**THE MAGISTRATE WAS NOT INFORMED THAT THE CASE WAS A AS A RESULT, THE DEFENDANT WAS ASKED TO PLEAD TO THE ORIGINAL OF INDECENT ASSAULT," MR MATHEWS SAID.

11

RETRIAL.

CHARGE

0

THERE APPEARED

ARE

TO

166 BONA VACANTIA CASES * * * * *

VACANTIA,

IN

THE

PROPERTIES

CROWN

BY

BONA CURRENTLY 166 CASES OF

VESTED HAVE NO LEGAL OWNERS, OPERATION OF THE COMPANIES ORDINANCE.

WHICH

THEM,

OR

ORDERS

AMONG

18 HAVE BEEN OR ARE SUBJECT TO ADVICE FROM THE BUILDINGS DEPARTMENT REQUIRING REPAIR WORK ON SAFETY GROUNDS.

AND

THIS WAS STATED BY THE SECRETARY FOR PLANNING, ENVIRONMENT LANDS, MR TONY BASON, IN A WRITTEN REPLY TO A QUESTION FROM DR THE HON HUANG CHEN-YA IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MR EASON SAID A TOTAL AMOUNT OF $22,627.34 HAD BEEN CONTRIBUTED BY THE CROWN TOWARDS THE REPAIR WORK ON THREE PROPERTIES.

/AS REGARDS

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