TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 48

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is tendered and the court to require that the witness should

give evidence orally,"

(c) Section 65C provides that in all criminal proceedings (includ–

ing committal proceedings) a formal admission of a fact by

either party is to be conclusive evidence of that fact.

(a) Section 65D 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.

Clause 7 repeals and replaces Part V of the principal Ordinance.

The new section 89 provides that any person who aids, abets, counsels or

procures the commission by another person of any offence shall be guilty

of the like offence. The new section 90 creates the offence of assisting

an offender and the new section 91 makes it an offence to conceal an

offence or give false information.

Clause 8 adds a new section 94A, to the effect that it shall

not be necessary for the Crown to negative any exception or exemption

from or qualification to the operation of the law creating the offence.

Clause 9 repeals subsection (1) of section 101 as the definition

of "arrestable offence" contained therein has been transferred to the

interpretation section.

Clause 10 adds a new section 1014 to the principal Ordinance

so as to enable a person to use reasonable force in the prevention of

crime or in arresting offenders.

Clause 11 contains five new sections which introduce the

suspended sentence into the penal system of Hong Kong.

(a) Section 109B provides that a court which passes a sentence of

imprisonment of not more than two years may (unless a probation order is made on that occasion in respect of another offence)

order that the sentence shall not take effect, unless during

a period specified in the order, which must be not less than