XN000022-1995-07-19 — Page 75

50

For the same reason, the proposed Section 79E(2) is similarly amended.

The proposed Section 79F as drafted allows the prosecution to bypass the preliminary hearing before a magistrate and to transfer the more serious cases to the High Court for trial. This new procedure is introduced to save the child and mentally handicapped witnesses from giving evidence twice; once at the committal proceedings and subsequently at trial. It is amended by confining the witnesses to victims only. The provision is further amended by requiring the Crown Prosecutor to set out in an affidavit the reasons when he issues the notice of transfer. As I explained earlier on the day, this additional requirement is to further safeguard any possible injustice and the power is not to be delegated but would be exercised with great prudence by the Crown Prosecutor personally.

The proposed Section 79G provides for a defendant to apply to be discharged following service on him of a notice of transfer under Section 79F. As drafted Section 79G applies only in cases involving child witnesses. As the proposed Section 79F covers children and mentally handicapped persons, Section 79G should also apply to Section 79G(5) is amended cases involving mentally handicapped witnesses. accordingly.

The power to make rules under the proposed section 79G(8) is transferred from the Rules Committee to the Chief Justice to follow Section 79D.

Mr Chairman, I beg to move.

End/Wednesday, July 19, 1995

Magistrates (Administrative) (Amendment) Rules 1995

Following is the speech by the Chief Secretary, the Hon Anson Chan, in moving the motion on Magistrates (Administrative) (Amendment) Rules 1995 in the Legislative Council today (Wednesday):

Mr President,

I move the motion standing in my name on the Order Paper.