TNAG-1732-FCO40-2445-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 187

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le

appointed to examine the problems involved, in the prosecution and

volved in the pros

complex

trial of complex commercial crimes.

That That Committee met a total A

of 19 times and received a large amount of oral and written

It is testimony to its work that evidence. The minutes of evidence alone run to some 1094 pages.

On 30 July 1986 the Select Committee published a comprehensive report making some 57 recommendations.

The report

is a clearly drafted and well considered document which is a

credit to Mr. Wong and those involved in its compilation. The

recommendations of the Select Committee were then the subject of

extensive examination and consultation within the

Administration. Work was then commenced on a Bill directed to

those recommendations designed to improve the manner in which

trials of complex commercial crimes are conducted.

Sir,

on

The major areas of reform recommended by the Select Committee were the introduction of compulsory preparatory hearings and the abolition of committal proceedings in these

cases. It was proposed that disclosure requirements of varying

degree be placed on the prosecutor and the accused. The

preparatory hearing, while part of the trial, was to take place before the jury was empanelled. Under the scheme proposed the. purposes of the preparatory hearing included the identification of issues likely to be material to the verdict of the jury; aid to the jury's understanding of such issues; expedition of the

the Froceedings before the jury and assistance to the judge's management of the proceedings. The judge was to be able to

determine questions of law during the preparatory hearing,

including questions on the admissibility of evidence.

the

The Select Committee also recommended that decision

should be taken on the Trial of Commercial Crimes Bill 1985 in

the light of its conclusion that the mode of trial for complex commercial crimes should remain unchanged. The Administration.

and so agrees that trial by jury should remain,erdingly, I intend later today formally to withdraw the 1985 Bill under Standing

Order 52.

thank

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