TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 101

COMPLEX COMMERCIAL CRIMES BILL 1988

Resumption of debate on Second Reading (1 June 1988)

Question proposed.

MR. PETER C. WONG:

Sir,

b

The purpose of this Bill is to provide a new procedure

Serious complex for the trial of complex commercial crimes. commercial crime cases may be transferred from the magistracy to the High Court without the need for committal proceedings. Where a case is transferred under this procedure and a judge determines that a preparatory hearing should take place, the

The trial begins with a preparatory hearing without a jury. purpose of the preparatory hearing is to settle points of law

At the conclusion of the and clarify issues for the jury. preparatory hearing, a jury will be empanelled and the trial will proceed in the usual way.

As Members are aware, the Bill seeks to implement, as far as practicable, the report of the Select Committee on the problems involved in the prosecution and trial of complex commercial crimes.

le

le

le

Sir, on

1

June 1988,

1988 the Attorney General gave a concise account of the sequence of events leading to the introduction

this of the Bill and a brief description of its main provisions, I shall not cover the same ground again.

Sir

The Ad Hoc group set up to examine the provisions of

the Complex Commercial Crimes Bill 1988 has now completed its task, after intensive consultation with the Bar Association, the Law Society and the Administration.

The Group, which was also responsible for studying the White Bill, is generaly satisfied that its comments and recommendations on the Complex Commercial Crimes White Bill 1987, have broadly been reflected in the present Bill. major recommendations that have been incorporated include:t

The

(I)