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(c)
It is questionable whether it would be right for a person, in order to defend himself against a charge under Clause 10,
to be forced to admit the commission of some other
criminal offence.
13.
In addition to the above objections, Ministers might find it
difficult to defend this clause against criticism both inside and outside Parliament. The Governor realises this but argues that
"Surely it can be answered that corruption is a far greater problem
here than it is in Britain, and that tougher measures in Hong Kong are not only justifiable but unavoidable unless the continued existence of corruption is to be regarded as tolerable because beyond acceptable means of remedy",
14. Nevertheless, it is considered both by the department and its
legal advisers that the legal and political objections to the clause,
as stated above, are such that it should not be retained. It
might, however, with advantage be suggested to the Governor that in
substitution for Clause 10, there should be included a clause on the
lines of section 17 of the Malaysian Prevention of Corruption Act
1961. This section provides that the unexplained possession of pecuniary resources or property (although not constituting an offence in itself) may be taken into consideration by the court as
corroborative evidence in support of the charge against the accused. Such a clause, when taken in conjunction with clause 25 (see paragraph 25 below) would go some way towards meeting the wishes of the
Governor and legal advisers support its inclusion in the Bill.
Clause 14
15.
Sub-clause 14(1)(a) confers very wide powers on the Attorney-
General. It enables him, in the course of any investigation into an offence under the Bill, to require a person accused of such an
offence, to provide a statement giving comprehensive details of:-
(1)
(ii)
any property possessed by or belonging to the accused or his agents, trustees, spouse, parents or children (clause 14(1)(a)(i)).
all liabilities incurred by the accused, his agents,
trustees, spouse, parents or children during a similar period of up to one year, (clause 14(1)(a)(iii)).
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/ 16.