TNAG-1704-FCO40-2376-Crime-and-sentencing-in-Hong-Kong-various-ordinances-1988 — Page 40

11. Clause 11 makes the preparatory hearing part of

the trial and requires the indictment to be read over to

the accused and the accused given the opportunity of

pleading at the commencement of the preparatory hearing.

12. Clause 12 requires the judge to order the

prosecutor to supply the accused and the court at the

preparatory hearing with a prosecution case statement,

being a concise account of the facts on which his case is

based, together with copies of the documentary evidence and

a list of the exhibits he intends to produce at the trial

before the jury. The prosecutor may not introduce evidence

at the trial before the jury which could not reasonably be

anticipated from the prosecution case statement, without

the leave of the judge.

13. Clause 13 enables the prosecution case statement

to be amended in the light of objections made by the

accused and any notices of additional evidence given by the

prosecutor. The prosecution case statement may not be

amended after the judge has ordered the accused to supply a

defence case outline.

14.

Clause 14 enables the judge to determine

questions raised by the accused regarding the admissibility

of evidence contained in the documents supplied under

section 12. If the accused does not raise objection to

such evidence at the preparatory hearing he may not do so

at the trial before the jury, unless the judge is satisifed

he could not reasonably have made the objection at the

preparatory hearing.

CONFIDENTIAL