(118281) Dd. 391599 1,500M 2/69 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No. HKK 14/38

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted.

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT letter

To:-

2/10

Hon. D. T. E. Roberts, OBE, QC

Attorney General's Chambers

Над кажд

cc HKK 14/9

7

Type 1 +

From

Mr. Carter

Telephone No. & Ext.

Department

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.

an

his

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 accused persons to make

a such statement (as distinct from their right, if un-

his represented, to address the Court in their own defence)

should be abolished. Last year the Committee circulari-

sed the legal profession about the recommendations which

they were considering making on this and other matters

and most of those circularised agreed with this particu-

lar 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

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