TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 59

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(Cap. 227.)

section 87A of the Magistrates Ordinance,

published as soon as practicable after it is

so permitted, shall be treated for the

purposes of subsection (1) as having been

published or broadcast contemporaneously with

the committal proceedings.".

Explanatory Memorandum.

This Bill seeks to amend the Magistrates Ordinance by

adding various provisions based on certain sections of the Criminal

Justice Act 1967.

Clause 2 will enable a representative of a corporation to

enter a plea on its behalf on the trial of any complaint or information

by a magistrate. Where a plea of not guilty is entered by a

representative the rights afforded to individual defendants under

section 16 of the principal Ordinance may be exercised by the

representative as if he were an individual defendant.

Under section 65D of the Criminal Procedure Ordinance a

defendant, when charged with an indictable offence, will not be able

to adduce evidence in support of an alibi, he gives notice of

particulars of the alibi to the prosecution. Clause 3 amends section

82 so as to require an examining magistrate to warn an accused of

this obligation.

Clause 4 is an amendment consequential upon clause 5.

Clause 5 adds two new sections to the principal Ordinance

dealing with restrictions on the reporting of committal proceedings.

New section 87A makes it an offence to publish or broadcast

in Hong Kong a report of any committal proceedings in Hong Kong, which

contains more than a limited number of permitted details, unless the