TNAG-1704-FCO40-2376-Crime-and-sentencing-in-Hong-Kong-various-ordinances-1988 — Page 80

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+(26) Claims of Crown privilege or confidentiality should be referred to the trial

Judge [paragraph 4.29].

†(27) The defence should have the opportunity to object to the prosecution's case

statement [paragraph 4.30].

†(28) The defence should respond to the prosecution's notices to admit, without being

obliged to give reasons for non-admissions [paragraph 4.34].

+(29) The defence should supply the prosecution with the documentary exhibits and

experts' reports upon which it intends to rely at trial [paragraph 4.35].

†(30) The defence should be obliged to raise all relevant points of law at the preparatory hearing, subject to the provisos noted in the text [paragraph 4.36].

†(31) The defence should be allowed to prepare a case statement in answer to that

of the prosecution (paragraph 4.37].

†(32) The sanctions for failing to comply with the new pre-trial procedures should be confined to costs, subject to the provisos noted in the text [para- graphs 4.40-4.41].

†(33) The trial judge should fix an early date for the preparatory hearing [para-

graph 4.42].

†(34) Provisions should be made for more than one preparatory hearing, if necessary

[paragraph 4.42].

†(35) A timetable should be drawn up setting out all pre-trial procedures, along the

lines set out in the text [paragraphs 4.42–4.44].'

+(36) Counsel acting at trial should appear at the preparatory hearing [para-

graph 4.45].

(37) Applications for adjournment to enable counsel to attend preparatory hearings should be sympathetically considered and arrangements should be made to allow for re-fixing of dates [paragraph 4.45].

+(38) The trial judge should be appointed immediately after the transfer of the case to the High Court and should be responsible for all pre-trial procedures [paragraph 4.46].

(39) The Registrar of the Supreme Court should develop specific proposals in relation to what additional information about jurors should be disclosed on their juror cards [paragraph 5.17].

(40) Applications for adjournment of trial should be sympathetically considered where it appears that further discussion between counsel may shorten the course of the trial [paragraph 5.19].

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.

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