(2) Except to the extent that disclosure is required by section 65D of the (Cap. 221).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) 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.
(3) Where an accused is required to serve and deliver a notice under subsection (2) and he wishes to refuse to make an admission or come to an agreement, it is sufficient, if the document, fact or matter to which his refusal relates is central to a fact on which he takes issue with the prosecution as indicated in the defence response, to give this as a reason.
(4) If it appears to the judge that reasons given in pursuance of subsection (2) above are inadequate, he shall so inform the person giving them, and may require him to give further or better reasons.
(5) Any fact or matter admitted or agreed in a notice served by the accused in compliance with an order under subsection (2) shall be treated as an admission of that fact or matter.
(6) Any document which it is agreed under this section ought to be admitted as evidence without further proof shall be admissible in evidence on its production by the prosecutor without further proof.
