XN000022-1996-02-23 — Page 3

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Clauses in the Bill to be introduced provide for definition of terms to clarify the range of matters which may be covered in the taking of evidence on request from another jurisdiction.

They also deal with matters in respect of which the High Court must be satisfied before it may exercise the new powers conferred upon it; the forms of assistance that the High Court may provide in response to a request for such assistance by another jurisdiction; and the restrictions subject to which the assistance may be provided.

On the proposed improvements to corroboration rules in respect of sexual offences, the spokesman explained that there were at present two rules.

"One requires that, where the allegation against an accused is supported by one witness only, that witness's evidence shall be corroborated in some material particular by evidence implicating the accused.

"In the absence of such corroborative evidence, the accused cannot properly be convicted of the offence alleged, even if the judge or jury is convinced of the accuser's guilt," he said.

"The other rule requires a judge to give a warning of the dangers of convicting a person on the uncorroborated evidence of a victim.

"A failure to give such a warning is likely to lead to a conviction being quashed on appeal, even though the evidence was, in fact, corroborated," he added.

There are seven types of sexual offences under the Crimes Ordinance for which prosecution evidence must be corroborated. The second rule, requiring the giving of warning by a judge, applies to all other types of sexual offences.

The spokesman pointed out that these rules had increasingly been criticised as unsatisfactory in many common law jurisdictions.

"Their application to sexual offences works particularly to the disadvantage of victims of sexual offence, whose evidence is characterised as inherently unreliable.

"In addition, the rules are extremely difficult to explain and apply, and are rigid in their application," said the spokesman.