TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 133

Clauses 3 and 4, 8, 9, 13 and 16

MR. MARTIN LEE :

(3)

stet

Sir, I move that the clauses 3, 4, 8, 9, 13 and 16 be

amended as set out in the paper circulated under my name

to Members. Clause 3, in its unamended form clause 3(1)(b) reads rather the Attorney General is of the opinion that

the evidence of the offence reveals a case of

case of fraud,

or dishonesty in the commercial contact, Z

and

→

Leontact, Z of such /context

that it seriousness complexity There is appropriate that

Stanojon

persua at

ansfer to the court purquanee

it be

to this Ordinance, the

Attorney General may apply to the magistracy for an order

transferring the proceedings to the

Comuna

court!! The

presence of af after the word 'fraud' would cause a break to this

to this phrase with the, result that although a case

of dishonesty would not fall within this section unless

the dishonesty is in the commercial context, a case of

fraud need not be related in any way to a commercial

copina

context. But once a

Z is removed, then whether the case

in question involved fraud or dishonesty, this section

will not apply to it, unless the fraud

it, unless the fraud or dishonesty is

До

le

related to a commercial context.Although we are talking le.

comma,

about the it does make a lot of difference, Sir, this

XZ

can be said the most misguided and misplaced comma I have

ever come across. So I proposed to have it removed. The

next

amendment concerns

the last few words

2