TNAG-0683-FCO40-832-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 197

183.

•

206

300

301

Factor of

Very

these witnesses be recalled after the 1st ten witnesses.

inconvenience. Defence perfectly happy that recall of witnesses be fitted in framework of schedule in calling their witnesses.

clear my learned friend want the witnesses to be recalled now. My learned friend asks why defence should go on a fishing expedition and why should prosecution dictate defence strategy.

Principle

is catered for in Archbold my learned friend's argument is you should recall only in relation to evidence which was in only at time

of amendment, and if you knew fresh witnesses after the time of

amendment you are then given scope to recall and cross-examine on

the new evidence since the time of the amendment. Evidence which

had been excluded can now be put in because of the amendment. If

the amendment had only referred to as co-conspirators witnesses

who had already given evidence my learned friend's point would be valid, but where anonduent includes witnesses who have not given

evidence it must be clear that witnesses yet to come are in a

position as regards admissibility of evidence which Defence could

not have envisaged at time they cross-examined witnesses prior to

amendment.

Court: It is not that Court will not grant leave to recall witnesses

but what I would like to know now which witnesses you want to recall.

Prosecution is trying to jump the gun.

Prosecution

Mr. Hampton:

says we are compensated by being allowed to recall witnesses. Defence

will not attempt to put any conditions in Court to recall witnesses. Why

do you want recall now and not after the 10 witnesses.

Mr. Gunston: I agree with my friend Kr. Hampton. Can't see it is

unfair to recall witnesses after the first 10 witnesses. Special

reasons in this case why Court should exercise discretion in favour

of Defence.

Mr. Sceats: My friend Mr. Hampton scoms to be at a complete

not

h

misunderstanding; it is my application. If any proper ground

can be given at this stage to recall any witnesses before charge

was amended there were not in a position to cross-examine these