TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 77

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Chapter 4 - Options for changes to

the administration of the law

which might assist in the prosecution of suspects

INTRODUCTION

4.1

Consideration of legislative changes may conveniently be separated from those which deal with the administration of the law. This chapter puts forward options in two areas concerned with the administration of the law for discussion. These relate to

(a) the protection of witnesses; and

(b) the use of accomplice evidence.

THE PROTECTION OF WITNESSES

4.2

Whatever the crime, criminal prosecution largely depends on the presentation of three simple elements at trial

-

(a) the evidence of eye witnesses, for

example the victim;

(b)

the evidence of admission by the suspect; and

(c)

4.3

physical evidence, for example

dangerous drugs, seized by the Police.

Areas of triad influence have been described in chapter 2 and are most commonly encountered in blackmail, criminal intimidation, gambling, prostitution and drug trafficking. Triad

affiliations are often the motive behind such violent crime as wounding and possessing an offensive

weapon. The detection and prosecution of such crime is gravely hindered by the public's reluctance to

report it. Those citizens who do come forward

sometimes retract their evidence at trial, whether on the basis of bribe or intimidation or both.

An outline of criminal procedure

4.4

Whenever a man is arrested for a crime he will appear initially before a magistrate. He will then be remanded on bail or in custody while a decision is made on the charges to be presented and the court at which he will face trial. He may be tried before the Magistrates Court, before the District Court or before the High Court. The choice will depend on the type of offence charged, and the gravity of the allegation. Some offences can only be dealt with before a magistrate. The most serious offences [e.g. murder and rape] can only be dealt