TNAG-1609-FCO40-22131-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 173

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

852 5 294236

LEGAL DEPT

394 POS/09 11.11. 87

12:36

President of the Institute of Chartered Accountants.

Both these gave

at the trial evidence for the Crown at the committal proceedings and the triad.”

A full

Members of the Council will also be aware that under our

criminal procedure defendants can choose to test the strength of the

prosecution case by way of committal proceedings. This right was

exercised in this case in relation to four of the defendants.

committal hearing lasting six months took place before a magistrate

whose function it was to determine whether there was sufficient

evidence upon which to commit those defendants to trial in the High

Court. The magistrate decided that a committal for trial was

warranted.

The estimate given to me and to the court was that the trial

would last a further six to eight months. As you know, this estimate

was far exceeded. I had for some time been troubled by the

prolongation of these proceedings, and the strain which that placed on

members of the jury in particular, and all others involved in the

case. Those appearing for the Crown took many steps to effect

economies. But Members will appreciate that they do not control the

course of a trial.

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