19
resources or property are or were held, or such accretion was obtained, by any other person whom, having regard to his relation- ship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.
22. Notwithstanding any rule of law or practice to the contrary, no witness shall, in any proceedings for an offence under Part II, be regarded as an accomplice by reason only of any payment or delivery by him or on his behalf of any advantage to the person accused or, as the case may be, by reason only of any payment or delivery of any advantage by or on behalf of the person accused to him.
23. In or for the purpose of any proceedings for an offence under Part II, the court may, at the request in writing of the Attorney General, inform any person accused or suspected of such offence or of any other offence under Part II that, if he gives full and true evidence in such proceedings and, where such proceedings are proceedings held with a view to committal for trial under section 85 of the Magistrates Ordinance, in the trial before the Supreme Court of all things as to which he is lawfully examined, he will not be prosecuted for any offence disclosed by his evidence; and upon such person giving evidence in any such proceedings no prosecution against him for any offence disclosed by his evidence therein shall be instituted or carried on unless the court before which he gives evidence considers that he has wilfully withheld evidence or given false testimony and so certifies to the Attorney General in writing.
24. In any proceedings against a person for an offence under this Ordinance, the burden of proving a defence of lawful authority or reasonable excuse shall lie upon the accused.
25. Where, in any proceedings for an offence under section 4 or 5, it is proved that the accused gave or accepted an advantage, the advantage shall be presumed to have been given and accepted as such inducement or reward as is alleged in the particulars of the offence unless the contrary is proved.
26. Notwithstanding any law or practice to the contrary, it shall be lawful for the prosecution and the court in any proceed- ings for an offence under Part II to comment on the failure of the accused to give evidence on oath.
Person giving
or receiving bribe not to be regarded
as an
accomplice.
Power to
secure
evidence of parties to offences.
(Cap. 227.)
Burden of proof.
Presumption of corruption in certain
cases.
Comment on failure of accused to give evidence.