0003230
G.F. 323
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CONFIDENTIAL
25
(2) If any books, documents or papers which are in
evidence or liable to inspection in any proceedings under this
Ordinance contain any entry in which any informer is named or
described or which might lead to his discovery, the magistrate,
in the case of committal proceedings, or the court before which
the proceedings are held shall cause all such passages to be
concealed from view or obliterated so far as is necessary to
protect the informer from discovery but no further.
(3) In any proceedings for an offence under Part II, the
magistrate, in the case of committal proceedings, or the court
may, if of the opinion that the informer wilfully made in his
complaint a material statement which he knew or believed to be
false or did not believe to be true, require the production of
the original complaint, if in writing, and permit enquiry and
require full disclosure concerning the informer.
Burden of proof.
24. In any proceedings against a person for an offence
under Part II, the burden of proving a defence of lawful
authority or reasonable excuse shall lie upon the accused.
Unsworn
statement by
accused persons
on trial not
receivable.
(Cap. 221).
25. Notwithstanding any law or practice to the contrary,
a person charged with any offence under Part II (whether or not
he is also charged with any other offence) shall not, in any
proceedings therefor, be entitled or permitted to make a statement
without being sworn as a witness in pursuance of section 54 of
the Criminal Procedure Ordinance.
Comment on
failure of accused to
give evidence.
26. Notwithstanding anything in any other law contained,
it shall be lawful for the prosecution and the court in any
proceedings for an offence under Part II to comment on the
failure of the accused to give evidence on oath.
CONFIDENTIAL