10
CAP. 394]
Complex Commercial Crimes
[1988 Ed.
Defence response
16. (1) Where all objections, notice of which is served and delivered under sections 14 and 15, have been dealt with, the judge may order the accused to serve on the prosecutor and deliver to the court-
(a) a written statement (a "defence response") indicating, with reference to the prosecution case statement, the facts and inferences on which he takes issue with the prosecution;
(b) a written statement of all propositions of law in reply to any propositions of law stated by the prosecutor under section 13(1)(d); 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 (Cap. 221) 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) Where the prosecution case statement has been amended under section 13(2) after the judge has made an order under subsection (1), the accused may amend any defence response served and delivered pursuant to that order so that it indicates with reference to the amended prosecution case statement the facts and inferences on which he takes issue with the prosecutor and, where he does so, he must serve on the prosecutor and deliver to the court a copy of the amended defence response.
Notice to admit facts, admissibility of documents
17. (1) The judge may at a preparatory hearing order the prosecutor 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,
as may be specified in the notice, or, if he refuses to so admit or agree, stating the reasons for his refusal.
10
CAP. 394]
Complex Commercial Crimes
[1988 Ed.
Defence response
16. (1) Where all objections, notice of which is served and delivered under sections 14 and 15, have been dealt with, the judge may order the accused to serve on the prosecutor and deliver to the court-
(a) a written statement (a "defence response") indicating, with reference to the prosecution case statement, the facts and inferences on which he takes issue with the prosecution;
(b) a written statement of all propositions of law in reply to any pro-
positions of law stated by the prosecutor under section 13(1)(d); 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 (Cap. 221) 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) Where the prosecution case statement has been amended under section 13(2) after the judge has made an order under subsection (1), the accused may amend any defence response served and delivered pursuant to that order so that it indicates with reference to the amended prosecution case statement the facts and inferences on which he takes issue with the prosecutor and, where he does so, he must serve on the prosecutor and deliver to the court a copy of the amended defence response.
Notice to admit facts, admissibility of documents
17. (1) The judge may at a preparatory hearing order the prosecutor 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,
as may be specified in the notice, or, if he refuses to so admit or agree, stating the reasons for his refusal.
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