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PREVENTION OF BRIBERY BILL
subject to cross-examination He may give a plausible story to account for his apparently/excessive wealth, which under cross- examination would be revealed as untruthful, but in the absence of any cross-examination, femains convincing.
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3. Clause will enable the prosecution, in the course of addressing the court or jury, as the case may be, to comment on the failure of the accused to give evidence on oath, which comment is at present forbidden by law. If the accused fails to give an explanation, it is not unreasonable to permit the prosecutor to call attention to the fact.
Miscellaneous Matters (Part V).
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34. Clause 27 enables the court to report to the Attornou
33. Clause 26 empowers the Supreme Court and the District Court to award costs to a defendant who is acquitted of an offence under Part II, up to a maximum of ten thousand dollars. Magistrates already have a similar power, up to a maximum of five hundred dollars.
details of the investigation. Such a disclosure, by alerting the suspect, can often frustrate an investigation.
any offence under. Part I
36. Clause 30 follows Cap. 215 by prohibiting the institution of a prosecution, without the prior consent of the Attorney General, but permits the preliminary steps of arrest and remand on custody or on bail to be taken before consent is given.
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37. Clause H 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
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→ 39. Clause 34 repeals the Prevention of Corrup- tion Ordinance and makes consequential amendments to the Urban Council Ordinance. Offences committed prior to the repeal, however, can still be prosecu- ted under the repealed Ordinance despite its repeal. Clause 32 will enable the investigation and allied powers contained in this Bill to be used in the investigation of such offences.
Attorney General.