มา
Wednesday, November 18, 1970
Before referring to the administration of the Bill, Mr. Roberts
replied to points raised by four unofficial members during the resumed
debate. In particular, he reviewed aspects contained in Clauses 2, 4, 8
sections (1) and (10), 13, 17, 26, 28 and 31.
The first unofficial to take the floor, the Hon. P.C. Woo, said
he agreed with the Attorney General the "utmost efforts should be made to
eradicate corruption in Hong Kong, and to discount the customary belief
to pay money or any other benefits to public servants."
For these reasons, he agreed in principle with the Bill's policy
but in some clauses he felt its scope was "too wide," and might be employed
"as an umbrella to cover whatever may only be regarded as suspicion rather
than actual corruption."
Definition Of Advantage "Too Wide"
He was particularly concerned with the definition of "advantages"
in clause 2, and his unofficial colleagues agreed that that particular part
of the definition was "too wide," since it included all forms of entertainment,
for example, even a discussion "over a cup of coffee,"
The words "entertainment" and "benefit of any description" would
cause great concern and anxiety, and he asked if it was necessary to make
such a wide definition of the word "advantage" by the inclusion of those words.
He explained that in English criminal law, it was fundamental that
a person was presumed innocent until he had been proven guilty, so it was
unfair in this particular context of the Bill to shift the onus of proof from
the Crown to an accused.
/With