4.
AG's statement on discharge of incest trial jury
The Attorney General, Mr Jeremy Mathews, has reviewed the circumstances that led to the termination of the court hearing of evidence via television link in an incest trial in the High Court yesterday (Thursday).
The defendant in the case was charged with incest under Part VI of the Crimes Ordinance.
By an inadvertent omission, this Part of the ordinance was not added to the definition of the offence of sexual abuse when the Criminal Procedure Ordinance was amended last year to provide for giving of evidence via television link.
To correct this omission, an expanded definition of sexual abuse to include incest was presented to the Legislative Council, together with other amendments to the Criminal Procedure Ordinance.
The amendment Bill has not been passed by the Legislative Council. Unfortunately, this was not ascertained before application was made to the Court for the complainant to give her evidence via television link.
Mr Mathews regrets and apologises for the earlier drafting omission as well as the mistake which has led to the discharge of the jury in the incest trial.
He said: "The two incidents underscore the need for vigilance on the part of all staff in carrying out our duties. We should all keep in mind our heavy responsibilities to the community in exercising our professional duties."
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