0003230

F. 323

CONFIDENTIAL,

8

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35. Clause 29 prohibits the unauthorized disclosure of the fact that

a particular person is subject to investigation or any details of the

investigation. Such a disclosure, by alerting the suspect, can often

frustrate an investigation.

36.

Clause 30 follows Cap. 215 by prohibiting the institution of

a prosecution without the prior consent of the Attorney General, but

permits the prelimimry steps of arrest and remand on custody or on bail

to be taken before consent is given,

37.

Clause 31 empowers the court, on the trial for an offence under

Part II, to convict the accused of any of the other offences under that

Part, if the evidence justifies this. Where there is a variance between

the particulars of the offence charged and the evidence adduced, the court

may make the necessary alterations in the particulars. These powers are

similar to those of magistrates under section 27 of the Magistrates

Ordinance, (Cap. 227).

38.

Clause 32 disqualifies persons convicted of offences under

Part II from being registered as electors or voting at Urban Council

elections or from being members of any public body for a period of 7

years, and clause 33 repeals the existing legislation and makes con-

sequential amendments to the Urban Council Ordinance.

CONFIDENTIAL

Attorney General.

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