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13. IMPLICATIONS OF FAILURE TO GIVE EVIDENCE: WE AGREE WITH THE RECOMMENDATION IN PARAGRAPH 164 OF THE BLAIR -KERR REPORT, BUT NOT WITH PARAGRAPH 165. ON THE LATTER THE RECOMMENDATIONS OF THE LAW COMMISSION ARE STILL THE SUBJECT OF PUBLIC DISCUSSION HERE, AND THE GOVERNMENT HAVE NOT SO FAR. EXPRESSED ANY VIEW. WE WOULD PREFER NOT TO SEE THEM ADOPTED IN THE LIMITED CONTEXT OF BRIBERY CASES IN HONG KONG WHILE PRINCIPLE REMAINS UNDECIDED. ADOPTION OF THE RECOMMENDATION WOULD PRESUMABLY MAKE LITTLE OR NO DIFFERENCE TO CHARGES UNDER SECTION 18 ALTHOUGH IT MIGHT AFFECT BRIBERY CHARGES RESTING ON ACCOMPLICE EVIDENCE, WE HOPE YOU WILL FEEL ABLE TO LEAVE THIS RECOMMENDATION IN ABEYANCE.
14. SUBJECT TO THE ABOVE PO INTS WE CONFIRM THE COMMENTS IN OUR TELEGRAM NO 938. WE WOULD BE GRATEFUL IF YOU COULD LET US KNOW AS SOON AS POSSIBLE WHAT YOU INTEND TO DO.
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