TNAG-1581-FCO40-2155-Hong-Kong-Commercial-Crimes-Bill-1986 — Page 12

complex

commercial

and

be retained for jury should

the trial of

crimes. We believe that the high educational standards qualifications of Hong Kong jurors enable them to assimilate and understand the difficult and technical issues in a complex

commercial crime trial,

to render a fair verdict. For the most serious of commercial crimes, it is also our view that the community has the right to participate in the trial through the

medium of the jury.

and

Sir,

we

have concluded that the most practical and publicly acceptable way of reducing the problems of delay and

cost in

crime the prosecution and trial of complex commercial cases is to lay down detailed statutory procedures to replace the

committal

pre-trial proceedings.

now wish to present outline our major recommendations in this regard.

that

and

I

for a

The Committee recommends, in chapter 3 of our Report,

committal

be abolished proceedings should

complex commercial crime cases. We have concluded that the length and cost of a full committal is not justified in such cases.

Nor is

the present committal system an appropriate screening mechanism. The Director of Public Prosecutions is the head of a professional

service, responsible for laying prosecution

criminal charges where appropriate. At the same time, the Committee is conscious of the need to provide a safeguard for the exceptional case where there may not be sufficient evidence to put an accused person on trial. We have recommended that an accused be allowed to apply

for discharge

The to a High Court judge

such a case.

abolition of full committal proceedings in complex commercial crime cases, in combination with the safeguard of application for discharge, will reduce the time and public cost required to bring commercial fraudsters to justice.

a

in

impressed by

the

inherent

During our deliberations, the Committee

difficulties

was

constantly

in investigating

and