TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 138

The amendment in

my proposed

prosecutor

to

limits the right of a

subclause 2(a)

amend this case in

that the judge must be satisfied that it was necessitated

by matters over which the prosecutor has no control and

Le which could not foresee. For example, a person who has

refused to be a crown witness later agreed to do So,

thereby providing more evidence to the prosecutor not

covered by the original case statement.

The other

condition is that the judge shall only grant leave when he

is satisfied that it is in the interest of justice to do

so. My proposed clause 2(b) requires a prosecutor who has

amended this case statement to serve a copy of the same on

the accused and deliver a copy to the court.

My proposed subclause 2 (c) enables the accused

with leave of the judge and at the preparatory hearing to

心 withdraw any admission of fact or document that it might

have made before he has been served with the amended

statement. This is to ensure that the

prosecution case

will

accused were not be

prejudiced by the change in the

prosecution's case.

Section 16, my first amendment here

relates to

word ' and

This is

subclause (a) and are seek to add the

infleunces' after the words 'the facts'.

consequential on the amendment proposed to be made to

clause 13(1)(a) above. My second amendment relates to

subparagraph to subclause (b) which in its unamended form