TNAG-1704-FCO40-2376-Crime-and-sentencing-in-Hong-Kong-various-ordinances-1988 — Page 79

1.

†(12) For the transfer of cases to the High Court, a system should be devised similar to that already seu to transfer cases from the magistrates court to the District Court [paragraph 3.23].1

†(13) The new procedure should have the effect of abolishing automatic as well as full

committals [paragraph 3.24].1

+(14) Time li its 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 [para- graph 3.25].1

(15) The prosecution should be selective and avoid the overloading of indictments

[paragraph 4.21].

(16) The trial judge should be free, at the preparatory hearing, to discuss his views

on the form of indictment with counsel [paragraph 4.21].

+(17) Provision should be made for witnesses to be heard and cross-examined at the

pre-trial stage [paragraph 4.22].

(18) The Case Controller should take the initiative to arrange meetings of expert witnesses for both parties at the pre-trial stage in the presence of counsel and solicitors [paragraph 4.23].

+(19) The preparatory hearing should be considered as a formal part of the trial

[paragraph 4.24].

+(20) The preparatory hearing should be held in open court, subject to press restrictions and to the discretion of the trial judge to adjourn into chambers [paragraph 4.25].

†(21) The prosecution should be obliged to serve a case statement on the defence

[paragraph 4.26].

†(22) The prosecution should make available to the defence clear summaries of all documentary evidence. These summaries should be reviewed at the preparatory hearing [paragraph 4.27].

†(23) The defence should be obliged to serve on the prosecution an outline of the defence case, subject to the provisos noted in the text [paragraphs 4.32(d) and 4.33].1

†(24) The prosecution should serve on the defence notices to admit facts and

documents [paragraph 4.28].

†(25) Disclosure by the prosecution to the defence should be continuous up to the

date of trial [paragraph 4.29].

One member of the Committee did not support these recommendations: see Part 2, minutes of meetings on 27 May 1986, paragraphs 3.4 and 3.10; 7 June 1986, paragraph 1.5; 8 July 1986, paragraph 3.2; 12 July 1986, paragraph 1.1(f); and 23 July 1986, paragraph 1.2.

61