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Page:Complex Commercial Crimes Ordinance 1988 (Cap. 394).pdf/11

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COMPLEX COMMERCIAL CRIMES
Ord. No. 57/88
A297

Dispensing with attendance of witness. 18. (1) Where in the course of a preparatory hearing it appears to the judge, after hearing any representations that the accused and the prosecutor may wish to make, that—

(a) the attendance of any witness at the trial after the jury has been empanelled cannot be procured without such expense or inconvenience as in the circumstances of the case would be unreasonable; and
(b) having regard to the nature of the evidence sought to be admitted, it is unnecessary to lead such evidence before the jury,

the judge may allow the witness to give his evidence at the preparatory hearing.

(2) Where evidence is given under this section the prosecutor or the accused, as the case may be, shall be given full opportunity of cross-examining the witness.

(3) Evidence given under this section shall be recorded, transcribed, read over to and signed by the witness and also by the judge.

(4) Evidence given under this section shall be admissible in evidence at the trial after the jury has been empanelled even though the deponent is not called as a witness at that time.

(5) Any written statement admitted in evidence under this section shall, unless the judge otherwise directs, be read aloud at the trial after the jury has been empanelled and, where the judge so directs, an account shall be given orally of so much of any statement as is not read aloud.

(6) Any document or thing referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as an exhibit produced and identified in court by the maker of the statement.

Restrictions on reports of preparatory hearing. 19. (1) Except as provided in subsection (2), no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of a preparatory hearing containing any matters other than matters permitted by subsection (5).

(2) On the application at a preparatory hearing of the accused (or, if more than one, any one of the accused) the judge shall order that subsection (1) shall not apply to reports of that preparatory hearing.

(3) If the accused is not represented at a preparatory hearing by counsel, the judge shall explain to him the restrictions imposed by subsection (1) and inform him of his right to apply to the court for an order that subsection (1) shall not apply to reports of that preparatory hearing.

(4) Where a judge has made an order under subsection (2) in respect of reports of a preparatory hearing and has adjourned that preparatory hearing, he shall, at the beginning of the resumed preparatory hearing, announce that such order has been made.

(5) The matters referred to in subsection (1) as matters permitted by this subsection are―

(a) the name of the judge;
(b) the names, occupations and ages of the accused and witnesses;
(c) the offence, or a summary thereof, with which the accused is charged;