TNAG-1832-FCO40-2600-Hong-Kong-Complex-Commercial-Crimes-Ordinance-1988-(No.-57-o-1988 — Page 57

Sufficiency of prosecution case statement

Admissibility of prosecution evidence

COMPLEX COMMERCIAL CRIMES BILL 1988

(9) Failure to comply with subsection (5) or (8) (or with any order made under subsection (7)) shall not render the service or delivery of any documents under subsection (1) ineffective where the judge is satisfied that the accused is not substantially prejudiced by such failure.

(10) The accused may object to the introduction of evidence after the jury has been empanelled which could not reasonably be anticipated having regard to the prosecution case statement, and, if it appears to the judge that the evidence could not have been so anticipated, he may exclude such evidence, unless it appears to him that there is adequate reason for not including in the prosecution case statement mention of the fact to which that evidence relates.

(11) Subject to subsection (10), nothing in this Ordinance shall derogate from the right of the prosecutor to introduce evidence at the trial after the jury is empanelled which is not contained or mentioned in the documents served and delivered under this section.

14. (1) Where a prosecution case statement has been served and delivered under section 13(1) the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to the prosecution case statement on the ground that it does not disclose the prosecution case with sufficient particularity to enable him to present his defence.

(2) The judge may order the prosecutor to amend a prosecution case statement from time to time if it appears to him to be appropriate having regard to the notice of objection (if any) served and delivered under subsection (1) and to any notice of additional evidence served on the accused by the prosecutor.

15. (1) Where an order made under section 13(1) and any order made under section 14(2) have been complied with, the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to the evidence contained in the documents served and delivered under section 13(1) being admitted at the trial after the jury has been empanelled.

(2) Where the prosecutor has served notice on the accused that he wishes to introduce further evidence at the trial and has served on the accused and delivered to the court a copy of such further evidence, the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to such evidence being admitted at the trial after the jury has been empanelled.

(3) A notice of objection served and delivered under this section shall contain particulars of the evidence objected to and state the ground of the objection.

(4) The judge shall determine the admissibility of the evidence objected to, having regard to-

(a) the documents served and delivered under section 13(1);

(b) the documents served and delivered under subsection (2);

(c) the notice of objection;

(d) any evidence given on behalf of the prosecutor or accused; and (e) any representations made by the prosecutor and the accused.