TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 137

le

の

at any time before the judge has ordered the accused to

serve and deliver defence response under section 16 re

Le

ma

thus

court

so,

s/show

he must serve

and

and where

He le.

on the accused/deliver to the

Kdeliver

a copy of the amended prosecution case statement.

The Bar Committee had no objection to this subclause (2)

in its original form. But then the Attorney General

wanted to extend the time to enable the

prosecutor to amend this case up to any

any time before the

Chambers

jury is empanelled, but with leave of the court. The Bar

on

Committee took objection in the ground that Committee took objection

it would be

unfair and wrong for the prosecutor to be allowed to

change the case

the accused has served and

after

delivered the defence response under section 16,

particularly when the accused has also made admission of

here.

facts and documents pursuant to requests made by the

prosecutor under section 17.

After discussion, it is now agreed that this Bill should make it clear as to when and

how the prosecutor may amend this case

follows : He may amend this case statement up to the time

statement as

thereafter.

before the jury is empanelled but not the rafter. But

Lehe

the

amendment is to be made after

be made after the judge has ordered the

accused to serve and deliver defence response under

section 16, Then the prosecutor must first obtain the

leave of the court. But if the amendment is to be made

before that, no such leave is required.