TNAG-1704-FCO40-2376-Crime-and-sentencing-in-Hong-Kong-various-ordinances-1988 — Page 63

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

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11. The defence should be allowed, under certain

circumstances and at the discretion of the judge, to

cross-examine prosecution witnesses at the hearing of

the application for discharge.

Implementation Action

As in '8' above.

12. For the transfer of cases to the High Court, a system

should be devised similar to that already used to

transfer cases from the Magistrates Court to the

District Court.

Implementation Action

AGC to devise an appropriate procedure in

consultation with the Judiciary.

13. The new procedure should have the effect of

abolishing automatic as well as full committals.

Implementation Action

As in '8' above.

14. Time limits should be laid down relating to the

period between the first appearance of an accused before a magistrate and the transfer of the case to the High Court, and between that transfer and the

trial itself.

Implementation Action

AGC to draft legislation to introduce appropriate

time limits.

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