TNAG-1732-FCO40-2445-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 192

سل

le

la

-

- 7

}

Once the accused has indicated what part of the case he takes issue with, the next logical step is for the prosecutor to ask the accused to admit facts which have not been disputed. Under Clause 17, the judge may order the prosecutor to serve notice of those documents which ought, in the prosecutor's view, be admitted and any other matters which ought to be agreed. The judge may then order the accused to reply stating what he admits or agrees and the reasons for any refusal to admit or agree. accused may give, as a reason for refusing to admit or agree, any matter, that it is central to a fact on which he takes issue with the prosecution, as indicated in his defence response.

of the Bill 18 giv

Clause 18, gives the judge a discretion to allow a

The

witness to give his evidence before the jury is empanelled. This stet power can only be exercised where it would be unreasonable

because of expense or inconvenience to require attendance before the jury and the nature of the evidence makes such attendance unnecessary. Witnesses who are to give purely technical or procedural evidence could come into this category.

For example,

a bank clerk, who was about to leave Hong Kong and was merely to testify that a cheque was deposited and recorded on a particular day, could be permitted to give his evidence under this provision.

The Bill

Restrictions are placed on the reporting of preparatory hearings by Hause 19. These merely reflect the current reporting restrictions on committals.

The

When the preparatory hearing is concluded, the judge will order, under lause 20, that the jury be empanelled. trial will then proceed in the usual way.

Clause 22 contains

An

An important safeguard for the accused is contained in auss 22 He may apply at any time before the jury is empanelled for his discharge on the ground that the evidence

disclosed is insufficient to establish a prima facie case against him. Thus, while the pre-existing right to a committal will be lost, the accused may still avoid a full trial before the jury if the prosecution case does not stand up.

/...8