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XCC(69)50
Two other matters on which the Association expressed concern were the shifting of the burden of proof onto the accused in some clauses (e. g. 3 and 10) and the absence of any provision for the award of costs to an acquitted person.
Senior Non-Expatriate Officers Association
10
The Association supported in principle the draft bill but emphasised the necessity for adequate safeguards against the possible abuse of powers and the victimisation of the innocent and wished the Attorney General personally to authorise powers of investigation under Part III of the bill. The Association also urged that the Anti-Corruption Branch should be separated from the Police.
District Commissioner, New Territories
11
The District Commissioner supported the retention of the Anti-Corruption Branch within the Police Force. However, he expressed anxiety (which has been voiced also by the heads of other departments) with regard to the definition of "advantage Officers of the New Territories Administration are obliged in the course of their duties to receive "advantages" in the form of entertainment. Such situations would be covered by the circular referred to above. The District Commissioner also considered that it would be essential (as indeed it will be) to ensure that people accused are not "framed".
what about clause 14
Reactions of the Foreign and Commonwealth Office
12
During his recent leave, the Attorney General took the opportunity of discussing the draft bill with officials of the Foreign and Commonwealth Office and, generally speaking, they recognised the need for a bill of this type in the circumstances of Hong Kong. However, they thought that clause 3 required some modification to ensure that the acceptance of a gift between friends and relations should not constitute an offence. It is considered that this will be adequately met by the general guidance circular. There were other comments made which have been taken into account in the amendments which are now being proposed to the bill.
The Foreign and Commonwealth Office disliked clause 10, arguing that there may be legitimate reasons why an officer should not want to disclose publicly how he acquired some of his assets and suggested that it should remain a disciplinary offence and not be made into a criminal one.
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