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further consider that if these amendments are effected then clause
20(b) can stand as it is; otherwise it would need to be amended to provide that comment may not be made by the Court or prosecution if the accused person's failure to provide the required information is
due to circumstances beyond his control.
20. The department's legal advisers regard clause 14(1)(c) as representing an unusual invasionof privacy, but they advise that it
can be accepted.
Clause 15
21. Under this clause a solicitor or other legal adviser may be
called upon to disclose certain categories of information for the purposes of an investigation into any suspected offence under the Bill
22. When the Bill in its original form was published in Hong Kong last year comments were specifically invited from a number of
associations and other organisations in Hong Kong, including the local Bar Association and Law Society. These two bodies both expressed concern with regard to the requirements in the Bill for
counsel and solicitors to reveal information in their possession with regard to their clients. The clause in its present form is the result of amendments introduced (along lines suggested by the Bar Association) to meet these criticisms. Sub-clause 15(4) provides a
limited safeguard against the compulsory disclosure of privileged information, in that it exempts a solicitor or other legal adviser
from any requirement to disclose any privileged information or communication which has come to his knowledge "for the purpose of any
proceedings, begun or in contemplation, before a court".
23. TheGovernor states that, although it is not suggested that
solicitors in Hong Kong knowingly assist in the concealment of
corrupt gains, they are vulnerable to being used for the purpose and
the clause is designed to prevent offenders from sheltering behind
the barrier of privilege.
24.
The department's legal advisers do not consider that the words underlined constitute an adequate safeguard. Even under the clause as it now stands a solicitor could be compelled to disclose facts vital to his client's defence, before any criminal proceedings were begun against the latter. They consider that all "privileged information" (i.e. information as between solicitor and client)
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/ should