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Friday, October 23, 1970

But persons bound by the secrecy provisions contained in the

Inland Revenue Ordinance, and legal advisers with regard to privileged

information, could not be required to comply with a notice under that clause.

Mr. Roberts said clause 14 would permit him to require information,

during any investigation or proceedings under the Bill, from a suspect or

from any other person who might be able to help, or who appeared to have

any information about the offence.

Under that clause, information could be required from the person

in charge of a public body, or a government department, other than the

Commissioner of Inland Revenue, and from managers of banks, in the form of

copies of the accounts of the person suspected, and of his spouse, parents,

and children.

Exercise Of Powers

The information required under this clause had to be set out in

the notice with some certainty, and the clause might not be used as a means

of authorising any general investigation of a resident's private affairs.

He realised the power conferred by the clause must be used with

"the greatest care," so either the Solicitor General, or he, would personally

exercise it, unless they found it had to be invoked so often they were unable

to continue to do so because of other commitments. In that event, it would

not be delegated to anyone below the rank of Principal Crown Counsel.

Mr. Roberts said the clause differed in one important respect from

the 1969 Bill in that a suspect would not now be guilty of an offence if he

failed to comply with a notice under the clause calling on him to supply

information.

/The effect

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