TNAG-1832-FCO40-2600-Hong-Kong-Complex-Commercial-Crimes-Ordinance-1988-(No.-57-o-1988 — Page 58

COMPLEX COMMERCIAL CRIMES BILL 1988

(5) Where evidence contained in the documents served and delivered under section 13(1) or in respect of which a judge has made an order under subsection (2) is not objected to under this section, its admissibility at the trial after the jury is empanelled shall not be objected to unless the judge is satisfied that the objection could not reasonably have been made during the preparatory hearing.

(6) Nothing in subsection (5) shall authorize the admission of any evidence that the judge considers should not, according to law or in the interests of justice, be admitted.

16. (1) Where all objections, notice of which is served and delivered Defence under sections 14 and 15, have been dealt with, the judge may order the response accused to serve on the prosecutor and deliver to the court-

(a) a written statement (a “defence response") indicating, with refer- ence to the prosecution case statement, the facts on which he takes issue with the prosecution;

(b) a written statement of all reasonably foreseeable propositions of

law on which the defence may wish to rely; and

(c) copies of the statements of any expert witnesses whom he intends

to call at the trial after the jury has been empanelled.

(2) Except to the extent that disclosure is required by section 65D of the Criminal Procedure Ordinance a defence response need not disclose-

(a) the identity of any defence witness, other than an expert witness;

or

(b) whether the accused will give evidence.

(3) The accused shall not introduce evidence after the jury has been empanelled which is inconsistent with the defence response, except with the leave of the judge.

(4) Where evidence is given in pursuance of leave granted under subsection (3) the prosecutor may call evidence in rebuttal thereof.

(Cap. 221)

17. (1) The judge may at a preparatory hearing order the prosecutor Notice to to serve on the accused and give to the court notice of—

(a) those documents the truth of the contents of which ought in the prosecutor's view to be admitted and of any other matters which in his view ought to be agreed;

(b) those documents which ought in the prosecutor's view to be

admitted as evidence without further proof.

(2) Where the judge has ordered the prosecutor to serve and deliver a notice under subsection (1) and such notice has been served and delivered, he may order the accused to serve on the prosecutor and deliver to the court a notice in reply to the notice served by the prosecutor-

(a) admitting the truth of the contents of any document or part

thereof;

(b) agreeing to any matters;

(c) agreeing to the admission of any document as evidence without

further proof,

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admit facts, admissibility of documents