TNAG-1607-FCO40-22122-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 103

4.

This Bill repeals the existing section 27 and replaces

it with a new provision which will give the magistrate some

discretion over the matter, requiring him to amend the complaint,

information or summons where a defect or variance between the

charge and the evidence is not in his view material or where no

irremediable injustice would result. The new section also

prescribes the procedure to be followed where an amendment has to

be made.

5.

The Bar Association, the Law Society and the Judiciary

have indicated support for the proposed amendment. Indeed, the

matter was raised by my Honourable friend Mr Martin Lee in a

question in this Council a year ago.

6.

Sir, I move that the debate on the second reading of

this Bill be now adjourned.

1

End