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13.
Clause 15.
The privilege of legal advisers covers
communications which are connected with judicial proceedings, and those which are not so connected. The effect of the redrafted clause 15 is that communications connected with judicial proceedings will remain fully protected.
14.
With regard to communications not received for the purpose of judicial proceedings, a legal adviser will not be required to produce accounts, books or documents (or copies of relevant entries) under clause 13(1)(b), and will only be obliged
to comply with requests designed to enable an authorized officer to discover the existence and location (as distinction from the contents) of a suspect's accounts, etc.; and
15.
(a)
(b)
to answer questions, under clause 14(1)(d), with regard solely to the particular information specified in clause 14(2) and clause 15(3).
It may be noted that these provisions do not go any further than section 16(7) of the English Finance Act 1962, which appears to apply to solicitors. I do not suggest that solicitors here knowingly assist in the concealment of carrupt gains, but they are vulnerable to being used for the purpose and, when funds are being traced, any break in the chain may frustrate the entire investigation. The clause, even in the limited form now proposed, should prevent the corrupter from believing that he can shelter safely behind this privilege. The clause is, of course, aimed at the corrupt public servant, and not at solicitors.
16.
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Clause 18. Provision for the surrender of passports has been deleted from clause 18 and a new subclause (8) added, to provide for proceedings under that clause to be conducted in Chambers.
17.
I would be grateful if this Bill could be submitted for approval to Ministers without delay, since I am under some pressure to enact this legislation as soon as possible.
Encl.
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