TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 111

It will therefore be seen that the defence response is the

The defence is not obliged to be

key to the improved procedures.

co-operative with the prosecution in narrowing the issues by serving

a meaningful response to the prosecution case statement.

It may

have genuine reasons for adopting a cautious line in its response.

s

The accused does however take the risk of being penalized in costs

under clause 26 if the judge considers that such costs have been

incurred as a result of an unnecessary or improper act or omission

by or on his behalf. Such costs (under amendments to be proposed

in

the committee stage) may be awarded on an indemnity basis, although

sap

not as a pre-condition of taking other steps in the proceedings.

With the consent of the accused, the judge by clause 25 (under

спр

in

at the/com

amendments to be moved at the committee stage) may order that a copy

of the defence response be furnished to the jury.

One further reform introduced by the Bill relates to the

disposition at the preparatory stage of objections to evidence.

Thus under clause 13(1), the judge may order the prosecutor to serve

on the accused and deliver to the court copies of the statements of

the witnesses whom the prosecutor intends to call at the trial after

the jury has been empanelled. Under clause 15(1) the judge may

order the accused to state any objection he has to such evidence,

and under sub clause (3) the ground of his objection. The judge

shall thereafter determine the admissibility of such evidence under

sub-clause (4) having regard to any representations made by the

prosecutor and the accused. The object of this reform is to

S minimize delays occasioned during the trial after the jury has been

empanelled by the late taking of objections to evidence. Under sub-

clause (5) as now worded, where the defence does not object in

advance to such evidence, its admissibility at the trial shall not

be objected to unless the judge is satisfied that the objection

could not reasonably have been made during the preparatory hearing.