(k)
CONFIDENTIAL
-7.
New clause 26: (Costs)
XCC(69)50
As has been mentioned above, the two staff associations have urged that there should be a provision for the award of costs to a person acquitted of an offence under the bill. The present position is that, on acquittal, a magistrate may award up to $500 costs, but no such costs may be awarded against the Crown in the District Court or the Supreme Court, A magistrate will, in practice, only award costs if he is satisfied that it was unreasonable for a prosecution to have been brought. Most charges under the bill are likely to be taken in the District Court, though some minor ones would be tried in the magistrates court and some major ones in the Supreme Court.
Since the bill does, in some respects, impose unusual burdens on accused persons and because there is a possibility that charges could be fabricated by enemies of a public servant, it is thought right to make a special provision for the award of costs, not exceeding $5,000 to a person acquitted in the District Court or Supreme Court of charges under the bill and the new clause 26 provides accordingly.
14
Honourable Members will note that the fines in the Bill at Annex D have been substantially increased from $5,000 to $20,000, from $10,000 to $50,000, from $20,000 to $100,000. A heavy fine is an effective way of removing from a convicted person some of the proceeds of corruption. Careful consideration has been given earlier in discussions to confiscation of property etc but there are important objections of principle to such a course. In addition, there are grave practical problems e. g. the Government might find itself obliged to take over and run businesses. Such action can also cause grave hard- ship to innocent persons, such as partners of persons convicted of bribery. Consequently it has been decided not to include any power of confiscation in the bill,
15
Honourable Members are asked to advise whether the Prevention of Bribery Bill 1969, as annexed, is in the form in which it should be introduced into the Legislative Council.
(The Commissioner of Folice (Mr C.P. SUTCLIFFE), the Establishment Officer (Mr J. N. HENDERSON) and the Deputy Director of Public Frosecutions (Mr D. R. BOY) will attend before the Council for the discussion of this item).
6th November 1969 (CR 9/3231/68 II)
COUNCIL CHAMBER
CONFIDENTIAL