HKK 14/38
Foreign and Commonwealth Office
Downing Street West,
S. V. 1.
12th September, 1969
The Hong Kong Government have published, for general comment, a
Bill which they propose to introduce into their Legisl ture in the near
future and which is designed to tighten up their laws dealing with
corruption.
The Bill has a particular bearing on public servants and
on those who may have dealings with public servants,
One of the provisions in the Bill will, if enacted as it stands, bar
a person accused of certain offences involving corruption from electing to
The effect of this revision make an unsworn statement from the dock,
would be to compel the accused either to remain silent or to submit to
cross-examination.
A preliminary view expressed here was that such a provision might be objectionable and anyhow, if such a provision were to be introduced, it should be of general application and not limited to persons accused of
certain offences involving corruption by public servants.
However, in the course of recent discussions with the Attorney-General, Hong Kong, it has been suggested that the practice in the United Kingdom of allowing accused persons to sleet to make unsworn statements ma be under review, I seem to recollect hearing oriticism of the right of an eocused to make an unsworn statement. But I have been unable to tr.ce where the
criticism came from.
J. M. Cartwright-Sharp, Esq., Secretary
The Law Commission, Lacon House, Theobalds Road, W. C. 1.
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