TNAG-1581-FCO40-2155-Hong-Kong-Commercial-Crimes-Bill-1986 — Page 18

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ABUSE'.

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THE COMMITTEE EMPHASISES THAT THE CHANGES IT CALLS FOR

SOME OF WHICH WILL REQUIRE LEGISLATION WILL MAKE DEMANDS UPON

THE INVESTIGATING AUTHORITIES, THE JUDICIARY, THE BAR AND THE ADMINISTRATION OF THE COURTS. IT EXPRESSES THE HOPE THAT THE GOVERNMENT WILL NOT SHRINK FROM IMPLEMENTING THEM.

AMONG A TOTAL OF 112 RECOMMENDATIONS FOR CHANGE, THE

COMMITTEE CALLS FOR:

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SUBSTANTIAL REVISION OF THE RULES OF EVIDENCE,

FOR COMPLEX FRAUD TRIALS, TRIAL BY JUDGE AND TWO LAY MEMBERS (THE 'FRAUD TRIALS TRIBUNAL') SHOULD REPLACE

TRIAL BY JUDGE AND JURY,

THE DEFENDANT'S RIGHT OF PEREMPTORY CHALLENGE OF JURORS TO BE ABOLISHED IN FRAUD CASES AS SHOULD THE

PROSECUTION'S RIGHT OF STAND BY FOR THE CROWN',

THE ABOLITION OF FULL COMMITTAL PROCEEDINGS IN SERIOUS

FRAUD CASES,

A REQUIREMENT THAT THE DEFENCE SHOULD DISCLOSE THE

OUTLINE OF THEIR CASE IN ADVANCE OF THE TRIAL,

THE SETTING UP OF AN INDEPENDENT MONITORING BODY (THE 'FRAUD COMMISSION') TO STUDY THE EFFICIENCY WITH WHICH FRAUD CASES ARE PURSUED FROM DETECTION THROUGH TO TRIAL, THE APPOINTMENT OF CASE CONTROLLERS' FOR THE CONTROL OF

SERIOUS FRAUD CASES FROM DISCOVERY TO VERDICT.

THE COMMITTEE'S REPORT WAS UNANIMOUS, SAVE THAT ONE MEMBER, MR WALTER MERRICKS, DISSENTS ON THREE POINTS, NAMELY THE NEED FOR AN ALTERNATIVE MODE OF TRIAL FOR COMPLEX FRAUD CASES, THE ABOLITION OF THE RIGHT OF PEREMPTORY CHALLENGE, AND THE USE TO WHICH THE DEFENCE DISCLOSURE DOCUMENT COULD BE PUT DURING THE

TRIAL.

SUMMARY OF REPORT

THE COMMITTEE'S TERMS OF REFERENCE RELATE TO FRAUD IN GENERAL, BUT THE MAIN EMPHASIS OF THE COMMITTEE'S FINDINGS IS CONCERNED WITH LARGE SCALE OR COMPLEX FRAUD CASES. IN MANY

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