HKK 14/38
CONFIDENTIAL
Hong Kong Department
2 October, 1969
You will recall that during your discussions on 8 September with the Legal Advisers and ourselves about the Prevention of Bribery Bill, you raised a point on Clause 25 of the Bill relating to the right of an accused person to make an unsworn statement from the dock.
We have now learned from the Home Office that the Criminal Law Revision Committee, who are reviewing the law of criminal evidence in this country, do propose to recommend that the right of an accused person to make such a statement (as distinct from his right, if unrepresented, to address the Court in his own defence) should be abolished. Last year the Committee circularised the legal profession about the recommendations which they were considering making on this and other matters and most of those circularised agreed with this particular proposal, It seems likely that the Committee will recommend accordingly although this cannot be regarded as certain until they present their report (which it is hoped will be within the coming twelve months). The Committee's competence is limited to the law of England and Wales.
We would see no objection to this change being introduced in Hong Kong at the same time that it is introduced in this country. But we adhere to the view that if any such change is introduced, it should be of general application and should not be limited to persons accused of certain offences involving corruption by public servants.
You may find it useful to have the enclosed copy of a rough record which we took of our discussions with you. You already have a copy of Arthur Grattan-Bellew's minute of 20 August to which the record refers.
On quite another matter, can you give us any indication of the state of play on the Criminal Procedure (Amendment) (No. 2) Ordinance following your discussions with Arthur Grattan-Bellew and ourselves on 13 August? We still await an official reply to our Saving Despatch No.663 of 25 November, 1968 although I appreciate that there has since been a certain amount of semi-official correspondence on the subject.
LAST
REF.
cupied AHKILIN/4
Анки
69
P
16
(W. S. Carter)
The Honourable D. T. E. Roberts, OBE., QC.,
HONG KONG.
CONFIDENTIAL
اسما
101
18/20