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Practice Directions |
PART I – DEPOSITIONS AND EXHIBITS AFTER COMMITTAL
1. After committal for trial of the accused, photocopies of all original statements made by the accused and other documents produced in evidence together with copies of the depositions, but excluding copies of the recognizances of prosecutors and witnesses, shall be provided to the solicitors for the defence.
PART II – PRE-TRIAL PROCEDURE
2. The Secretary for Justice may serve on the accused or his solicitor, a notice to admit such facts as may be specified therein relating to:
(b) that the offence was committed, if this is not to be contested by the accused;
(c) the admission of documentary exhibits; a
(d) any other matter which may be specified in such notice
3. The solicitor for the accused is expected to obtain his client's instructions in the matter and, within 14 days after the notice to admit facts is served, to serve on the Secretary for Justice a notice in reply stating which facts are admitted. Any admissions should comply with the provisions of s.65C of the Criminal Procedure Ordinance (Cap.221) which include the right to seek the leave of the court to withdraw any such admission. A copy of the notice in reply should be served on the Registrar.
4. The Secretary for Justice may serve notice on the accused or his solicitor that he intends to tender the written statement of any witness, pursuant to s.65B of the Criminal Procedure Ordinance, without calling that witness to give oral evidence. Such notice will, where practicable, be served after the filing of the indictment and not less than seven days before the date fixed for trial. A copy of the notice will be sent to the Registrar not later than seven days prior to the date fixed for trial. If objection is made to a statement being tendered in evidence the solicitor for the accused is expected to let the Secretary for Justice and the Registrar know of this as soon as possible.
5. Not less than four days before the date fixed for trial (unless counsel for the prosecution and the defence agree to a later date and shall so inform the judge), a judge, who shall if practicable be the judge who is to try the case, may, if he considers it desirable to do so, require counsel for the prosecution and the defence to attend a meeting in his chambers, presided over by him.
6. At such meeting, counsel will be expected to inform the judge of the following matters:
(b) whether any additional evidence is to be called by the prosecution and the substance thereof;
(c) whether or not the facts included in the Secretary for Justice's notice to admit facts are to be admitted; or, if no such notice was served, what facts, if any, are to be admitted and in what form that admission is to be put to the jury;
(d) which of the prosecution witnesses named on the back of the indictment is available, which of them the prosecution intends to call, and which of them defence counsel wishes to be made available;
(e) whether any statements are to be tendered pursuant to s.65B of the Criminal Procedure Ordinance;
(f) whether objection is to be taken to the admissibility of any of the prosecution evidence, and how long the hearing of such objection is likely to take;
(g) if any expert testimony is to be called;
(h) of the order in which prosecution witnesses are likely to be called;
(i) of the names and addresses of witnesses from whom statements have been taken by the prosecution but who are not going to be called;
(j) of any alibi not already disclosed;
(k) of his estimate of the probable length of the trial and of any other significant matter which might affect this;
(l) whether or not it is intended to make any submission as to:
(ii) the quashing of the indictment;
(iii) the provision of further and better particulars of any count in the indictment; or
(iv) any other matter which should be determined in the absence of the jury before the accused pleads to the indictment;
(m) of any point of law which may arise in the trial, and of any authority on which either party intends to rely as far as can be envisaged at that stage; and(n) of any other significant matter which might affect the proper and convenient trial of the case.
7. At such meeting the judge will give such directions as appear to him necessary to secure the proper and efficient trial of the case.
8. The accused shall be present at such a meeting unless the accused or his solicitor informs the judge that he does not wish to attend.
9. If possible on the day fixed for the trial any preliminary issue of law will be heard and determined before the jury is empanelled.
10. Any practitioner who, in relation to any particular case, experiences difficulty in complying with this direction should, as soon as possible, contact the Registrar.
PART III – ANTECEDENTS (HIGH COURT)11. Before the date fixed for hearing of every Court of First Instance criminal trial the police should supply a list of the accused's previous convictions to the court.
12. Such a list of convictions must also be supplied to the accused's solicitor on request. In order that the defence may be properly conducted, the accused's advisers must know whether they can safely put the accused's character in issue.
13. A proof of evidence should be prepared by a police officer containing particulars of the accused's age, education and employment, the date of arrest, and the date (if known) of the last discharge from prison or other place of custody. If known, it may also contain a short and concise statement as to the accused's domestic and family circumstances.
14. It is recognized that the police officer who prepares the proof of evidence will not always be in a position to state all the facts from his own personal knowledge. The proof may therefore contain statements of information or belief with the sources and grounds thereof. The presiding judge will decide what weight, if any, to attach to such statements or whether to call for further evidence.
15. This proof should be given either with his brief or at the outset of the case to counsel for the prosecution. Subject in any particular case to a direction by the presiding judge to the contrary, counsel for the accused (or the accused if not legally represented) should be entitled to be supplied with a copy of such proof of evidence as relates to his client (or himself if not represented):
(a) in the case of a plea of not guilty as soon as the jury retire to consider their verdict, and(b) in the case of a plea of guilty as soon as the plea is entered.
16. A copy of the proof shall be given to the court reporter when the officer is called to prove the contents. The court reporter may use it to check his note but must only transcribe so much as is given in evidence.
17. This Practice Direction consolidates and supersedes the Practice Directions now appearing at pages 10.2, 10.3, 10.4 and 10.5.
18. This Practice Direction shall take effect on 1 February 1999.
Dated this 31st day of December 1998.
(Andrew Li)
Chief Justice