XN000022-1996-10-30 — Page 35

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The reasons were as follows: the prosecution knew that, if the defendant did not plead guilty, the trial might take about a year, and would be enormously expensive. The prosecution also had no assurance that, at the end of the trial, costs would be awarded in favour of the prosecution or, if they were, that the defendant would be in a position to pay them. These factors were weighed in the balance in deciding that it would be in the public interest to seek what was a realistic and sensible resolution of the case rather than to make an application for costs thereby jeopardising the prospects of obtaining pleas from the defendant and unnecessarily prolonging the proceedings. This view was shared by the trial judge who stated that he was satisfied that the prosecution was justified in its decision not to apply for costs..

I would remind Members that the criminal justice system exists for the benefit of the community and, by and large, taxpayers pay for that system. The police force, the judiciary, the legal aid and prosecution services are all part of the criminal justice system and are funded by the community. Those convicted are punished by undergoing the sentence of the court. Criminal proceedings are quite different from civil proceedings, where orders for costs are routinely made. In criminal cases, orders for costs against a defendant are unusual and, in practice, if a defendant pleads guilty the prosecution does not ask for costs.

End

Investigation power of EOC explained

*

Following is a question by the Hon James Tien and a reply by the Secretary for Home Affairs, Mr Michael Suen, in the Legislative Council today (Wednesday):

Question:

It is reported that the Chairman of the Equal Opportunities Commission (the Commission) has indicated that the law empowers the Commission to conduct formal investigations on its own initiative. In this regard, will the Government inform this Council:

a)

through what channels and by what means will the Equal Opportunities Commission initiate formal investigations where no complaints are received;