TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 103

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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outline is now replaced by a 'defence response which is merely a written statement indicating, with reference to the prosecution case statement, the facts on which the defence takes issue with the prosecution. In simple terms, the defence would not now be obliged to reveal its defence at the preparatory hearing.

Sir, during the discussion by the

Group

on the present Bill, further points have been raised and as a result of deliberation and consultation, agreement in the following areas have been reached:

سو

(1) Definition of Complex Commercial Crime

lause 3(1)(b)(ii))

The Group considers that the scope of the

revised definition is still too wide as it could be extended to cover cases of serious and complex fraud irrespective of whether they are in a commercial context. The Administration concedes that the point made is valid and the clause will be amended so that it is confined only to cases of fraud and/or dishonesty in the commercial

context.

(2) Charges related to complex commercial crimes

lause 9(1))

To be consistent with clause 8, and to obviate any doubt, it has been agreed that the word 'indictment' in clause 9 should be

classified by the words 'count or counts'.

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