TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 109

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Among his powers under clause 13, the judge may order the

prosecutor to serve on the accused and deliver to the court a

in statement containing (under amendments to be introduced at the

committee stage) a concise account of the facts and the inferences

sought to be drawn from those facts on which the prosecution case is

based, and also a statement of any proposition of law specifically

applicable to the prosecution case on which the prosecutor proposes

to rely.

It will be seen that the prosecution may be ordered at this

early stage to disclose its case, as part of the reform to ensure

that the true issues in the case are identified before the jury is

empanalled.

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The complementary reform relating to the defence case is

contained in clause 16 by which the judge may order the accused to

serve on the prosecutor and deliver to the court a written statement

(known as the defence response) indicating, (under amendments to be

in made at the committee stage), with reference to the prosecution case

statement, the facts and inferences on which he takes issue with the

prosecution, as well as a written statement of all propositions of

law in reply to any propositions of law stated by the prosecutor.

It will be seen that the defence response is to be purely

defensive and responsive, namely what does the defence have to say

about the prosecution's facts and law. The accused is not obliged

under this proposed reform to reveal his positive case, and in that

very real way, his right to silence is preserved. This toned-down

version of the defence case represents a workable compromise of