TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 131

COMPLEX COMMERCIAL CRIMES BILL 1988

COMMITTEE STAGE

COMMIT

Clause 2

Amendments to be moved by the Hon. J.J. Swaine, Q.C., J.P.

Amendment Proposed

That clause 2 be amended,

By deleting the definition of defence case

༼91.ཞེu

Mause

Proposed amendments

le

le

statement'

Clause 15

That clause 15 be amended, G

By deleting subclauses (5) and (6) and substituting

the following

-

(5) Where the admissibility of

evidence contained in the documents served and

delivered under section 13(1) or in respect of

which a judge has made an order under

subsection (2) which could have been objected

to under subsection (1) or (2), is objected to

after the jury is empanelled, the judge may

(without prejudice to the general power to

make an order as to the payment of costs under

section 26) order the accused to pay to the

prosecutor the additional costs properly

incurred by the prosecutor as a consequence of

the determination of the admissibility of that

evidence after the jury is empanelled.".