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Traditional ChineseSimplified ChineseText onlyPDARSS
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Speaking Out Forum
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Views sought on double jeopardy rule relaxation 

The Law Reform Commission's Double Jeopardy Sub-committee is seeking public views on its proposal to relax the rule against double jeopardy in exceptional circumstances.

 

It suggests "fresh and compelling" evidence subsequently comes to light in respect of a serious offence, or where the original acquittal is the result of perjury, perversion of the course of justice or the like, the rule against double jeopardy should be relaxed.

 

The recommendations concern only the quashing of an acquittal, which the courts are presently powerless to do because of the rule against double jeopardy.

 

Click here for more details on the proposal. Comments and suggestions on any issues discussed in the consultation paper should reach the commission's secretariat by May 31.

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Views sought on disabled rights report

The Labour & Welfare Bureau is seeking public views on the draft outline of Hong Kong's initial report under the United Nations Convention on the Rights of Persons with Disabilities.

 

The draft sets out the broad subject headings and individual topics that are to be covered in the initial report. Views are invited on the implementation of the convention in respect of those topics covered in the report, as well as suggestions for any additional topics to be included.

 

The consultation will last until March 31. The bureau and the Rehabilitation Advisory Committee will convene a public consultation session at the Duke of Windsor Social Service Building on March 12.

 

For enquiries call 2509 0221, send an email, or fax 2543 0486.

 

The Government will submit the report to the Central Government by mid 2010. The draft outline can be downloaded here.

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Views sought on Investor Education Council, Financial Dispute Resolution Centre

The Financial Services & The Treasury Bureau has launched another public consultation, this one on its proposals to establish an Investor Education Council and a Financial Dispute Resolution Centre.

 

The bureau proposes to set up the education council as a company wholly owned by the Securities and Futures Commission, and it would need to amend the Securities & Futures Ordinance to do so. The commission would wholly fund the council's operation, with an annual budget estimated at $50 million. It would not rely on any government funding nor charge the public for its services. A board of directors with relevant representatives from financial institutions and the government would govern the council.

 

The proposed Financial Dispute Resolution Centre would act as a one-stop service for resolving disputes between financial institutions and individual customers, primarily by mediation, and failing that, arbitration.

 

The Government would appoint a board of directors to oversee its operations - and ensure the independence and impartiality of its dispute-resolution procedures.

 

To view or download the consultation paper, click here.

You can send your views in by mail to Division 1, Financial Services Branch, Financial Services & the Treasury Bureau, 18/F, Tower 1, Admiralty Centre, 18 Harcourt Road; by fax to 2294 0460, or by email to iec_consultation@fstb.gov.hk (for views on the Investor Education Council) or fdrc_consultation@fstb.gov.hk (for views on the Financial Dispute Resolution Centre).

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Views sought on mediation development

The Department of Justice has launched a three-month consultation on more effective and extensive mediation in commercial and community disputes.

 

A stand-alone Mediation Ordinance has been suggested to provide a legal framework for the conduction of mediation without hampering the flexibility of the mediation process.

 

It should also include provisions dealing with the rules of confidentiality and privilege, as well as setting out the statutory exceptions to the rules and the sanctions for breaching the rules of confidentiality and privilege.

 

A single body should be established for accrediting mediators and to educate the public about mediators and mediation.

 

There should be a wide promulgation of the Hong Kong Mediation Code, and at least one community centre each on Hong Kong Island, in Kowloon and in the New Territories be made available as venues for mediation.

 

Click here for the working group on mediation's report and the executive summary. Views should be submitted by May 8 in writing to the department at 1/F, High Block, Queensway Government Offices, 66 Queensway, Hong Kong, or by sending an email or fax to 2869 0720.

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Views sought on advance directives

The Food & Health Bureau is seeking public views on whether the concept of advance directives should be introduced in Hong Kong.

 

The three-month consultation exercise will also collect views on procedures for making, altering and revoking advance directives; the content of the information package on advance directives for the public; and, the need to promulgate any guidelines for handling advance directives.

 

The consultation will run until March 22. Click here for the consultation document.

 

Views should be sent to the bureau by mail to 19/F, Murray Building, Garden Road, Central, Hong Kong or by sending an email, or faxing 2868 3049.

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