TNAG-1704-FCO40-2376-Crime-and-sentencing-in-Hong-Kong-various-ordinances-1988 — Page 38

CONFIDENTIAL

Suppression, etc. of documents.

(j) section 24 - Handling stolen goods.

The offence at common law of conspiracy to defraud.

Explanatory Memorandum

The purpose of this Bill is to provide a new

procedure for the trial of complex commercial crimes.

Under this new procedure serious complex commercial crime

cases may be transferred from the jurisdiction of a

magistrate to jurisdiction of the High Court without the

need for committal proceedings before the magistrate.

Where a case is transferred under this procedure the trial

in the High Court begins with a preparatory hearing before

a judge sitting without a jury. The purpose of the

preparatory hearing is to settle points of law and clarify

issues for the jury. At the conclusion of the preparatory

hearing a jury will be empanelled and the trial will

proceed in the usual way.

2.

3.

Clause 2 defines terms used in the Bill.

Clause 3 authorizes the Attorney General to apply

for an order transferring a case of serious complex

commercial crime that is before a magistrate, to the High

Court.

4.

Clause 4 lists matters which may be taken into

account by the Attorney General in determining whether a

case is of such seriousness and complexity that it is

CONFIDENTIAL