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on 15 May 1987, the United Kingdom Criminal Justice Act
1987 received Royal Assent. The Act represents that part of the
British Government's response to the Roskill Committee's work
concerned with complex fraud. The drafting of the proposed Hong Kong legislation took account of the English Act while
recognising that the paramount consideration was the implementation of the Hong Kong Select Committee report.
On 11 December 1987, the Complex Commercial Crimes Bill was published as a White Bill. While the Administration was firmly behind the Select Committee's proposals, it was felt to be appropriate to allow a further opportunity for public consultation on this important measure. As the white Bill sought to implement Select Committee recommendations, public comments
were received by OMELCO rather than the Administration. An
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once again with Mr. Peter C. Wong, and then later with
Mr. John Swaine, as its chairman, was formed to consider the
White Bill and to consider comments and representations on it.
Comments were received from the Judiciary, the Bar Association, the Law Society, the Director of Legal Aid, the Hong Kong General Chamber of Commerce, the Hong Kong Society of
Accountants, the Hong Kong Management Association, the
Association of Building Management and the Hong Kong Association
of Banks.
Sir, Khere
There was broad support for the abolition of committals and the need for some sort of preparatory hearing procedure. Comparisons were made with the Criminal Justice Act which gives a Imusta
greater element of judicial discretion in the application of the special procedures than did the Hong Kong White Bill. It was
felt that in Hong Kong too, a judge, rather than the Attorney General, should be empowered to decide when a preparatory hearing should take place.
Concern was also expressed about the definition of complex commercial crime and the extent of the obligations on the defence to disclose its case.
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