XN000022-1995-04-19 — Page 31

Daily Information Bulletin 新聞公報 All

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He said, for example, where a video recording was used as evidence, the witness had to appear in court so that cross-examination was possible.

He noted that the question of whether the maximum penalty for the offence of child abuse under the Offences Against the Person Ordinance should be increased was currently under urgent consideration by the Administration as a separate exercise.

Mr Mathews added that the problems surrounding vulnerable witnesses where being tackled vigorously on a number of fronts.

They included a comprehensive range of preventive and family support services to combat child abuse; professional assistance such as counselling before, during and after the trial by clinical psychologists or social workers provided for mentally handicapped witnesses; and the establishment of a central Witness Protection Unit within the Police Force to formulate, co-ordinate and implement witness protection

measures.

Mr Mathews, when moving the second reading of the Evidence (Amendment) Bill 1995, said that the bill proposed a change to the law of evidence which was considered essential to ensure that justice might be done in cases involving child witnesses.

He said: "Under the existing law, children under seven years of age are not competent to give evidence, and unsworn evidence given by children under the age of 14 years must be corroborated by some other independent evidence before the accused may be convicted."

He said that the bill abolished the two rules and provided that all children under the age of 14

of 14 years were able to give evidence unsworn.

He added: "If a child is able to give relevant and understandable evidence, the court or jury will evaluate that evidence, even in the absence of other corroborative evidence, and decide how much reliance to place upon it."

"I believe that these proposed amendments will, by abolishing unjustifiable technicalities, enable the courts to do justice in cases involving child witnesses," said Mr Mathews.

Debate on the two bills was adjourned.

End/Wednesday, April 19, 1995

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