2
ť
HONG KONG LEGISLATIVE COUNCIL 21st October 1970.
149
desirable to put the matter beyond argument. The clause will not relieve the prosecution of establishing that the accused actually solicited, accepted, offered or gave a bribe, as the case may be.
32. Clause 25 provides that, in a prosecution under clause 4 (which deals with bribery affecting a public servant's official duties) or clause 5 (which deals with bribery affecting public contracts and allied subcontracts), once it is proved that the -accused gave or accepted an advantage there will be a rebuttable presumption that he gave or accepted the advantage for the reason alleged in the charge. This clause is not dissimilar to the existing section 11 of Cap. 215, save that the presumption of corruption raised by that section is limited to cases involving public contracts.
33. Clause 26 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).
34. Clause 27 enables the court to report to the Attorney General (for him to consider what action can be taken) frivolous, false or groundless allegations.
35. Clause 28 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.
36. Clause 29 makes it an offence to make a false report of the commission of an offence under the Ordinance or otherwise to mislead a police officer or person named in an authorization given under clause 13.
37. Clause 30 prohibits the unauthorized disclosure of the fact that a particular person is subject to investigation or any details of the investigation. Such a disclosure, by alerting the suspect, can often frustrate an investigation.
38. Clause 31 follows Cap. 215 by prohibiting the institu- tion of a prosecution for any offence under Part II 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.