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Section 26
Para 164 of B.K.
Power of court and prosecution to comment on failure of accused to give evidence.
F.C.O. agree they may comment on failure
but leave in abeyance
Para 165 of B.K. Failure to give evidence may be regarded as corroboration. F.C.O. disagree.
Section 30
B.K.
Disclosure of investigation:
"Consider carefully".
So no problem.
Colonial Regs.
Nos 61 & 62
No 61 No disciplinary proceedings if criminal proceedings
proposed.
No 62 No disciplinary proceedings if acquitted.
B.K. says revoke both.
F.C.O. say keep 61. Sub judice well established.
H.K. agree
(a) H.K. say amend.
1) If acquitted return under Reg. 59 on consideration of record of court and without further proceedings
2) If acquitted, can be punished under CR on other
charges relating to his conduct even if on substantially same issues as those on which acquitted.
On (a) F.C.0. say not on record alone.
(b) F.C.0. agree in general but be precise on admissible fxts.
C.R. 59
1.
H.K. want to give accused right to "representation"
F.C.O. see no problem.
2. But F.C.0. say must give grounds.
/Discuss