XN000022-1996-02-23 — Page 2

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Improvements to law on evidence proposed

The Government will introduce into the Legislative Council amending legislation to improve on the law governing the taking of evidence in Hong Kong in relation to criminal proceedings in overseas jurisdictions.

The amendments also touch on the rules of evidence relating to corroboration in respect of sexual offences.

The proposals are set out in the Evidence (Amendment) Bill 1996 published in the Government Gazette today (Friday).

On the first proposal, a government spokesman explained that the courts at present were subject to restrictions when taking evidence for overseas jurisdictions.

"The restrictions are that the request must be made by or on behalf of a 'court or tribunal', and that the evidence can only be obtained for proceedings which have been instituted or which are likely to be instituted," he said.

The spokesman pointed out that these restrictions created particular difficulty in relation to civil law jurisdictions.

"In a recent case relating to a request from Italy, the Hong Kong court held that it did not have jurisdiction to give effect to the request as it was issued by a magistrate performing the function of public prosecutor under the Italian law and not by or on behalf of a court or tribunal.

"In addition, the restrictions prevent evidence from being obtained for the purpose of proceedings before an examining magistrate who, under the European system, conducts the investigation.

"In such case, it cannot be said with certainty that, if the evidence in question is provided, proceedings are likely to be instituted," he said.

He noted that the inability to respond satisfactorily to requests for juridical assistance would damage the reputation of Hong Kong as an important legal, financial and commercial centre.