4

TO BE WRITTEN IN THIS MARGIN

Registry No.

SECURITY CLASSIFICATION

DRAFT

Top Secret.

Secret.

Confidential.

To:-

Restricted. Unclassified.

PRIVACY MARKING

..In Confidence

case

Type 1 +

From

Telephone No. & Ext.

Department

to

or accused fersen

a

suspect /

remain silent".

so that he had the right-

As previously suggested,

The clause coned provide that such person

Comed

be called upon to make

and that the

a statement

prosecution

could ask the

inference from

court to draw an

bghat Bacon to do so,

his or her

from refusal Buy

Clause 15

No amendment of real substance

has been made to this clause

although the

Clause 15(4) exempta a Legal Adviser from any requirement under Clause 15(2) or (3) to disclose any privileged information, document, etc. which is in his possession "for the purpose of any proceedings before a Court",

But Clause 15(2) compels a Legal Adviser to divulge any information, whether privileged or not, which may be required under Clauses 13(1)(b), 13(2) and 14(2). The power conferred by these latter Clauses to require the divulging of information is a very wide one and may be exercised "if the Attorney-General is satisfied that there are reasonable grounds for suspecting that an offence under this ordinance has been committed by any person", 1.e. before any charge is laid and, consequently, before there are "any proceedings before a Court".

It would, therefore, be possible to require a Legal Adviser to divulge any privileged information before a charge is laid, i.e. before Clause 15(4) becomes operative,

A

...

1.2.

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