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Friday, November 27, 1970
One section in Clause 5 which streamlines the provisions relating
to the trial of offences, enables a judge to enter a verdict of not guilty
without giving the defendant in charge to a jury, where the prosecution
offers no evidence against him.
Clause 6 adds four new sections, based on the Criminal Justice
Act 1967, to the principal ordinance. One section provides that in
determining whether a person has committed an offence a court shall apply
the subjective test. Another enables written evidence by a witness to be
admitted to the same extent as oral evidence in all criminal trials, subject
to the right of the party against whom it is tendered and the court to
require that the witness should give evidence orally.
A third section provides that in all criminal proceedings, including
committal proceedings, a formal admission of a fact by either party is to
be conclusive evidence of that fact.
The fourth new section prevents a defendant from calling at a trial
on indictment evidence in support of an alibi without the leave of the court,
unless he has given to the prosecutor particulars of the alibi, including
the best information he has about the identity and whereabouts of the witnesses.
A new section in Clause 7, repealing and replacing Part V of the
principal ordinance, provides that any person who aids, abets, counsels or
procures the commission by another person of any offence shall be guilty of
the same offence.
Other new sections make it an offence to assist an offender and to
conceal an offence or give false information resulting in wasteful employment
of the police.
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