(7) Nothing in subsection (1) shall entitle the accused to receive a copy of any document which has already been served on him under section 80B(1) of the (Cap. 227).Magistrates Ordinance.
(8) A statement of a witness of which a copy is served and delivered under subsection (1) shall—
- (a) be signed by the person who made it;
- (b) contain a declaration by the witness to the effect that it is true to the best of his knowledge and belief and, if the statement was made in Hong Kong, that he made the statement knowing that the making of a false statement is an offence under section 33 of the (Cap. 200).Crimes Ordinance;
- (c) if made by a person under 21, give his age;
- (d) purport to have been read over to the person who made the statement in the language used by that person in making the statement or to have been read by that person.
(9) Where a person refuses to make or sign a statement for the purposes of subsection (1), the prosecutor, if he desires to call that person. as a witness, shall, in place of such a statement, serve and deliver under subsection (1) a statement of the evidence the prosecutor believes that person will give.
(10) The judge may order any document served and delivered under subsection (1) to be translated into English or Chinese or both such languages, as he considers appropriate.
(11) An exhibit which is mentioned in the list of exhibits served and delivered under subsection (1) shall be clearly identified in a statement of a witness of which a copy is served and delivered under that subsection and the accused shall be given reasonable opportunity to examine any such exhibit.
(12) Failure to comply with subsection (8) or (11) (or with any order made under subsection (10)) shall not render the service or delivery of any documents under subsection (1) ineffective where the judge is satisfied that the accused is not substantially prejudiced by such failure.
(13) The accused may object to the introduction of evidence after the jury has been empanelled which could not reasonably be anticipated having regard to the prosecution case statement, and, if it appears to the judge that the evidence could not have been so anticipated, he may exclude such evidence, unless it appears to him that there is adequate reason for not including in the prosecution case statement mention of the fact to which that evidence relates.
(14) Subject to subsection (13), nothing in this Ordinance shall derogate from the right of the prosecutor to introduce evidence at the trial after the jury is empanelled which is not contained or mentioned in the documents served and delivered under this section.
Sufficiency of prosecution case statement. 14. (1) Where a prosecution case statement has been served and delivered under section 13(1) the judge may order the accused to serve on the prosecutor and deliver to the court a notice stating any objection he has to the prosecution case statement on the ground that it does not disclose the prosecution case with sufficient particularity to enable him to present his defence.
