-9-
dealt with in the Clause. The intention
of the exceptions is to prevent persons
from evading discovery by getting a
solicitor to deal with the proceedings
of corrupt transactions.
It does, however,
provide that a solicitor or other legal
adviser will be exempt from any requirement
to disclose any privileged information
which has come to his knowledge for the
purpose of any proceedings, begun or in
contemplation, before a Court.
Eur
18.Legal advisers are nevertheless
unhappy about the Clause. In discussions
with the Attorney-General, Hong Kong, it
has been agreed that the intention of the
Clause is that, so far as is possible,
solicitors or other legal advisers should
not be required to divulge privileged
information. But as worded at present
the Clause would not cover information
given to a solicitor for the purpose of
providing legal advice for his client
unassociated with any legal proceedings.
In this respect it differs from English
Legal advisers therefore consider
that the Clause should be amended to cover
law.
the same information as is privileged
under English law.
19. The Clause in its original form was
criticised by the Hong Kong Bar Association
and the Law Society. The present form
is said to have been designed to meet
their objections, but the Attorney-General
•
/10.....
NOTHING TO BE WRITTEN IN THIS MARGIN