TNAG-1581-FCO40-2155-Hong-Kong-Commercial-Crimes-Bill-1986 — Page 11

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Sir, our Report covers in turn the major aspects of the

investigation,

and prosecution

trial of complex commercial crime. The mode of trial, which we deal with in chapter 7, has

remained, Sir,

of one

the most important areas of our

deliberations. In coming

on this issue, the Committee has kept in mind the words of the Attorney General when the Second Reading of the Trial of Commercial Crimes Bill was deferred. At that time, the Attorney General said this -

to

conclusion our

ог

"Even if this Council were minded to pass

this Bill, it would in my judgement be fraught with danger to introduce a mode of trial that did not command broad support. It is no longer a question of whether the Bill's proposals are good ones the best of

of the

alternatives. It is a question of whether they would be generally regarded as a basis for a fair trial if they were passed into Public confidence in the justice of our trial procedure is far more important than the choice between one mode of trial and

law.

The strength of feelings that

passage

another.

presently run against the

of this

Bill at this time in this form create a real risk of damaging public confidence in a just verdict, whatever the merits of the proposal may be."

In our view, the trial

not command the

of complex commercial

crime

or

cases by a tribunal, consisting of a judge and three commercial adjudicators, does

necessary broad public confidence in the justice of our trial procedure referred

the

Attorney

General.

to by underlying reasons for the Bill, we

Although

we

support

understand

the

are convinced that the common