TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 90

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HONG KONG LEGISLATIVE COUNCIL 1 June 1988

COMPLEX COMMERCIAL CRIMES BILL 1988

THE ATTORNEY GENERAL moved the Second Reading of: 'A Bill to make provision for the trial of complex commercial crimes'.

He said: Sir, I move that the Complex Commercial Crimes Bill 1988 be read a Second time.

Sir, this Bill is an excellent example of the success of the Hong Kong consultative process. It is a Bill seeking to reform an area of criminal procedure by making sure that not only the desired end is achieved but that it accords with the interests and wishes of the community. The object of the Bill is to establish a procedure under which the real matters at issue in a complex commercial crime trial are identified at an early stage. Thereafter the jury will be able to decide disputed questions of fact and perform their task of establishing guilt or innocence more effectively.

In July 1984, the Attorney General's Chambers issued a proposal for reform of the method of trial of complex commercial crimes. It was suggested that a judge assisted by two commercial adjudicators, rather than a judge and jury, try such cases. On 13 March 1985, the Trial of Commercial Crimes Bill, which incorporated a slightly modified form of that proposal, was introduced to this Council. It is history that the 1985 Bill mèt with a storm of criticism. The opposition focused primarily on the abolition of jury trial for these cases and the perceived difficulties in finding impartial adjudicators.

An ad hoc group of members under the chairmanship of Mr. Peter C. WONG considered the 1985 Bill and recommended: that a Select Committee be established; and that the Bill be adjourned indefinitely to allow more discussion and to take into consideration the findings of the United Kingdom Fraud Trials Committee, more commonly known as the Roskill Committee. On 1 May 1985, a Select Committee was appointed, with Mr. Peter C. WONG as its chairman, but the committee was unable to complete its work before the end of that session. On 20 November 1985, a new Select Committee, again under Mr. Peter C. WONG's chairmanship was appointed to examine the problems involved in the prosecution and trial of complex commercial crimes. Sir, that Select Committee met a total of 19 times and received a large amount of oral and written evidence. It is testimony to its work that the minutes of evidence alone run to some 1 094 pages.

On 30 July 1986, the Select Committee published a comprehensive report making some 57 recommendations. The report is a clearly drafted and well considered document which is a credit to Mr. WONG and those involved in its compilation. The recommendations of the Select Committee were then the subject of extensive examination and consultation within the Administration. Work was then commenced on a Bill directed to those recommendations designed to improve the manner in which trials of complex commercial crimes are conducted.

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