TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 15

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(ii)

(iii)

(iv)

2

The proposed new section 65B will allow, with certain safeguards, written statements to be accepted in evidence in the same way as oral evidence. As a consequence, the Perjury Ordinance will be amended so as to make it an offence to tender false written state-

ments in evidence.

The proposed new section 65C will pro- vide that a formal admission of fact by either party is conclusive evidence of that fact in criminal proceedings.

The proposed new section 65D will pro- hibit a defendant, without the leave of the Court, from adducing evidence to establish an alibi unless he has given notice to the prosecution of his intention to do so. The fact that a defendant is not at present required to give notice of such intention often effectively deprives the prosecution of investigating the truth of the evidence adduced in support of an alibi.

(e) Clause 7 will simplify the present law dealing with

aiders, abettors and accessories. It replaces the existing Part V of the principal Ordinance with three new sections:

(i)

(ii)

(iii)

the proposed new section 89 will provide that any person who aids, abets, counsels or procures the commission of any offence shall be guilty of that offence; the proposed new section 90 will create the new offence of assisting an offender; the proposed new section 91 will make it an offence to conceal an offence or to cause the wasteful employment of the police by making a false report tending to show that an offence has been com- mitted.

(f) Clause 8 will resolve doubts as to whether the prose-

cution must specifically negative any exception to or exemption from the law which, if proved, would be a defence. It replaces a similar pro- vision in section 65 of the principal Ordinance, which is in narrower terms.

(g) Clause 10 will permit reasonable force to be used in

making an arrest or in preventing crime. At present the right to use force in making an arrest depends upon whether the offence is a felony or misdemeanour. This classification of offences is for practical purposes obsolete, and it is desirable to clarify the power to use reasonable force in the circumstances mentioned.

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