-6-
W(B)L 51-7406
NOTHING TO BE WRITTEN IN THIS MARGIN
distinct from that of corruption, a person
convicted under that Clause would not in
reality be convicted because the circumstances
raised a suspicion that he had been guilty
of corruption). The retention of the tause
might therefore be difficult to defend
against any criticisms which might be
levelled at it both inside and outside
Parlament.
14. Another objection to the Clause is that
a
the test by which the Attorney-General
decides to institute a prosecution or the
Courts to decide on a conviction, is
subjective
necessarily a substantive judgment on which
may
two persons might take different views
without it being possible to say that either
view is unreasonable this seems too
uncertain a test on which to decide the
question whether a person is or is not
guilty of a criminal offence.
15. The Legal Advisers have suggested, as
an alternative to the Clause, the sub-
stitution of a provision based on Malaysian
legislation to the effect that the unexplained
possession of pecuniary resources or
property (though not constituting an offence
in itself) may be taken into account as
corroborative evidence in support of a
charge of bribery. This could tip the
scale in favour of the prosecution where,
for instance, there was dispute as to whether
the accused had or had not taken a bribe.
17....