CONFIDENTIAL-
15.
The Legal Advisers would agree to the substitution of a clause 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 prosectuion where for instance there was dispute as to whether the accused had or had not been given an advantage.
16.
Clause 14 Power to obtain information.
This empowers the Attorney-General to require information from any person suspected of committing en offence, covering inter alia property acquired and liabilities incurred in a period not exceeding one year from the date of rotice by his
Under Clause 20(b) any failure to wife, parents or children. comply with the notice may be the subject of comment by the
prosecution.
17. The Governor argues from the premise that the only effective deterrent to corruption is the fear of detection and that the commonest way of concealing the profits of corruption is to use relatives or friends to hold the proceeds in their name, that there is a very strong case for requiring
such information.
18. The Legal Advisers consider that the powers conferred by Clause 14 are unreasonably wide in that in certain circum- stances it could be impossible to provide the information requested in respect of his parents or his spouse, who under the Clause be themselves required to provide the information. (The difficulties that would arise if they were outwith the jurisdiction of the Hong Kong Courts are not in their view
/sufficient...
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