PREVENTION OF BRIBERY BILL

21. 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

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or receiving Person giving bribe not to be regarded as an accomplice.

Lor, as the case may be, by reason only of any payment or delivery

Power to

>

secure evidence

of parties

to offences.

Cap. 227.

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.

aisciosure concti

concerning L MULVI

3

this In any proceedings against a person for an offence under Part H, the burden of proving a defence of lawful authority or reasonable excuse shall lie upon the accused.

25. Notwithstanding/any law or practice to the contrary, a person charged with any/offence under Part II (whether or not he is also charged with any/other offence) shall not, in any proceedings therefor, be entitled or permitted to make a statement without being sworn as a witness in pursuance of section 54 of the Criminal Procedure Ordinance

Burden of proof.

Unsworn statement by accused person on trial not receivable.

(Cap. 221.)

Page 240Page 241

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