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COMPLEX COMMERCIAL CRIMES BILL 1988
THE ATTORNEY GENERAL moved the Second Reading of: 'A Bill to make provision for the trial of complex commercial crimes'.
Me said: Sir, I move that the Complex Commercial Crimes Bill
Ne
1988 be read a second time.
Sil
This
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under which
This Bill is an excellent example of the success of the Hong Kong consultative process. It is a Bill seeking to reform an area of criminal procedure by making sure that not only the desired end is achieved but that it accords with the interests and wishes of the community. The object of the Bill is to establish a procedure whereby the real matters at issue in a complex commercial crime trial are identified at an early stage. Thereafter the jury will be able to decide disputed questions of fact and perform their task of establishing guilt or innocence more effectively.
On
In July 1984 the Attorney General's Chambers issued a proposal for reform of the method of trial of complex commercial
two crimes. It was suggested that a judge assisted by commercial adjudicators, rather than a judge and jury, try such cases. 13 March 1985, the Trial of Commercial Crimes Bill, which incorporated a slightly modified form of the 1984 proposal, was introduced to this Council. It is history that the 1985 Bill met with a storm of criticism. The opposition focused primarily on the abolition of jury trial for these cases and the perceived difficulties in finding impartial adjudicators.
the
An Xã Hoc group of members under the chairmanship of Mr. Peter C. Wong considered the 1985 Bill and recommended : that a Select Committee be established; and that the Bill be adjourned
into considerations indefinitely to allow more discussion and to take the findings of
take the United Kingdom Fraud Trials Committee, more commonly known as the Roskill Committee, inte consideration. Select Committee was appointed, with Mr. Peter C. Wong as its
The committe
On 1 May 1985, a
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chairman, but was unable to complete its considerations before the end of that session.
On 20 November 1985, a new Select
Committee, again under Mr. Peter C. Wong's chairmanship was
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