TNAG-1581-FCO40-2155-Hong-Kong-Commercial-Crimes-Bill-1986 — Page 29

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 instances the reforms

proposed could be argued to be of benefit to a wider range of criminal

cases. This is a question for others to consider.

Changes are required in the procedures for mobilising the

necessary professional skills to analyse complex cases. Every complex

fraud case should have a "Case Controller" to control the case from

discovery through to the verdict. Expanded investigatory resources will

be required, and earlier intervention by leading counsel working with the

Case Controller is also essential.

Pending the Government's decision on the 1981

recommendation of the Royal Commission on Criminal Procedure to

abolish committal proceedings, the Committee recommends as an interim

measure an alternative procedure designed to bring serious fraud cases

more quickly to the Crown Court. It proposes the nomination of the trial

judge at an early stage. The judge should be empowered to discharge the

defendant at a preparatory hearing on the ground that prima facie the

evidence does not support the charges in the indictment. Pre-trial reviews must be made effective and given "teeth". An obligation should

be placed upon the defence to reveal the nature of the defence case once

the prosecution case is disclosed. The remuneration arrangements for

counsel must reflect adequately the importance of preparatory work.

Substantial revision of the rules of evidence is required in

order to deal with the international criminal and the deliberate

obstructionist.

For

Despite all its shortcomings, the Committee finds trial by jury an acceptable procedure for the vast majority of fraud cases. complex fraud cases falling within certain Guidelines, the Committee believes, with one dissentient, that a different type of tribunal is required (the "Fraud Trials Tribunal"), consisting of a judge and two skilled lay

members.

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