TNAG-2132-FCO40-3047-Hong-Kong-and-the-ivory-trade-1990 — Page 180

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HONG KONG LEGISLATIVE COUNCIL - 4 April 1990, com fel ya

香港立法局—————————一九九0年四月四日

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cases where the family itself was threatened by the accused spouse. Accordingly clause 3 of the Bill provides that a person who is competent to give evidence against his or her accused spouse may also be compelled to do so where that spouse is charged with assaulting, injuring or threatening injury to that person or a child of the family under 16 years of age. The same rule applies to sexual offences against such a child. Such a witness would also be compellable if the accused was charged with attempting, conspiring to commit, aiding, abetting, counselling or procuring or inciting the commission of any of the offences that I have just mentioned. Clause 3 of the Bill also implements the other main recommendations of the Commission.

The Bill provides that changes concerning the competence or compellability of spouses will not affect the right of an accused to give evidence, or his or her privilege against self incrimination, when such a person is jointly charged for an offence with his or her spouse. The Bill preserves the statutory privilege against incrimination by one spouse of another except where the witness is compellable to give evidence for the prosecution.

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The Bill also substantially preserves the common law right of a person to resist disclosure of any communication made by his or her spouse during the marriage, although an exception to that right is made where the person is lawfully compelled to testify against his or her spouse.

Sir, I move that the debate on this motion be adjourned.

Question on the adjournment proposed, put and agreed to.

ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT) BILL 1990

THE SECRETARY FOR ECONOMIC SERVICES moved the Second Reading of: "A Bill to amend the Animals and Plants (Protection of Endangered Species) Ordinance."

She said: Sir, I move that the Animals and Plants (Protection of Endangered Species) (Amendment) Bill 1990 be read a Second time.

The Bill before this Council provides for the strict control of commercial trade in highly endangered species of wild fauna and flora by imposing a requirement on the Director of Agriculture and Fisheries not to issue a licence for their import or export. It demonstrates Hong Kong's commitment to the protection of endangered species.

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