-2-
to show to the Court that he had a satisfactory
explanation of how he came to live beyond his
official means or came by so much property.
4. In order to meet criticism in Hong Kong that
the clause, if not used with care, could constitute
an objectionable intrusion, into the, private affairs
VISION a person was added to th Jw h
effect
of public officers, no prosecution could be
instituted under this clause without the personal
consent of the Attorney-General (or Solicitor-
General), Hong Kong, who would have to give a prior
opportunity to the person concerned of making
written representations to him.
5.
It is felt by the Department's Legal Adviser
that this clause violates the principle that a man
shall not be convicted of a criminal offence unless
a Court is satisfied beyond reasonable doubt that
he has committed the offence a principle which is
basic to our whole approach to criminal law. (Though
technically Clause 40 creates an offence separate
and distinct from that of corruption, a person
convicted under that clause would in reality be
convicted because the circumstances raised a
suspicion that he had been guilty of corruption.) 6. Another objection to the clause is that the
test by which the Attorney-General decides to
institute a prosecution or the Courts to decide on
Ch
a conviction, is necessarily subjective judgment
on which two persons may take different views without
it being possible to say that either view is
unreasonable
d
this seems too uncertain a test on
which to decide the question whether a person is
or is not guilty of a criminal offence.
7. The Legal Adviser have suggested, as an
alternative to the clause, the substitution of a
/3......
stat
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