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In response to media enquiries on disclosure of the cause of the incident, a Commerce and Economic Development Bureau spokesman issued the following statement tonight (September 19) :
"The Bureau fully appreciates the public's expectation for full disclosure of the cause of the falling cabin incident. Indeed, we would like to be as transparent as possible by releasing the Expert Panel's report in full. We have all along planned on this basis in preparing for the special meeting of the Legislative Council Panel on Economic Services and the press conference held yesterday (September 18).
This notwithstanding, we have been advised by the Department of Justice not to disclose the cause of the incident in order not to prejudice the prosecution. The Department of Justice points out to us that this is to protect the rights of the defendant. Releasing the parts of the Expert Panel's report which contain the evidence to be used in the trial will generate public debate on the guilt of the defendant. Such non-judicial discussion will deprive the fundamental safeguards for a defendant in a criminal trial, i.e. rules of evidence, presumption of innocence, right to cross-examination, etc. The Department of Justice further points out that it has always been a cherished feature of our legal system that the only proper forum for the determination of questions of guilt or innocence of crime is the court, where the defendant has the right to a fair trial in accordance with the rules of criminal justice.
With such consideration, we have already set out the three charges brought against a person who is believed to have contravened the Aerial Ropeways (Safety) Ordinance. We have also released the parts of the Expert Panel's report which are not related to the impending prosecution; and outlined the various measures the Government and the MTRC will adopt to implement the Expert Panel's recommendations.
We did not disclose the particulars of the defendant at the press conference yesterday because, being cautious, we had doubts about the propriety of releasing any personal particulars of the defendant. At the request for more details, we sought legal advice from the Department of Justice after the press conference. Upon confirmation that it is legally in order to disclose the name of the defendant, we released the information to the media last night.
The Government will disclose the report in full as soon as the Department of Justice has confirmed that we are in a position to do so."
Ends/Wednesday, September 19, 2007
Issued at HKT 22:00
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