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to 28 days. This provision is intended to prevent suspects from
escaping from the Colony as soon as investigations start.
Evidence (Part IV)
26. By Clause 19 it will not be a defence to show that the giving
or accepting of an advantage is customary in Hong Kong in the particular
profession, trade, vocation or calling concerned.
27.
Clause 20 will enable evidence of unexplained resources to
be given in support of a charge under Part II. Such evidence may be
treated as tending to substantiate the truth of testimony that the
accused accepted a solicited a bribe and as showing that the bribe was
accepted or solicited as in inducement or reward.
28.
If a person is accused of
Clause 21 modifies the law as to accomplices which at present obliges
a court to have specific regard to the danger of convicting a person on
the uncorroborated evidem e of an accomplice.
accepting a bribe, the person who gave him the bribe would be regarded as an
accomplice. Clause 21 modifies the rule by providing that the person who
gave the bribe shall not be regarded as an accomplice, by reason only of the
fact that he paid money to the accused,
29.
Clause 22 empowers a court to pardon a person who has committed
an offence under Part II, if he gives full and true evidence of the matter.
It is not uncommon, in cases where offences are committed by several
persons, to call some of them as witnesses against the others. However,
they may be deterred from giving full and true testimony by the fear of
providing evidence against themselves on which they, in turn, could be
prosecuted. Moreover, at Common Law a witness cannot be compelled to
answer any question which might incriminate him. A pardon granted under
this clause will by-pass this rule of evidence and afford some reassurance
to the witness. No such pardon will, however, debar a prosecution for
perjury if such a witness should commit perjury.
30.
Clause 23 will protect the identity of informers, who have to
be used frequently in corruption cases, The personal risks undertaken
by them in giving information are sometimes considerable in this kind of
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