SECRET
GPS 650
IMMEDIATE
CYPHER/CAT A
FM HONG KONG 0707002
SECRET
FUKKIY /3 4.13
LAST
REF
TO IMMEDIATE FCO TELNO 506 OF 7 MAY. 1974
NOT
REF.
PLEASE PASS FOLLOWING MESSAGE TO CHARLES RUSSELL.
114
GODBER. POSITION IS THAT AFFIDAVITS FROM WITNESSESS ARE BEING
PREPARED AND WE HOPE TO HAVE THESE WITH YOU BY 11TH. WE WOULD
APPRECIATE ADVICE FROM MR NELIGAN ON FOLLOWING.
UNDER THE PREVENTION OF CORRUPTION ORDINANCE, SECTION 12,
EVIDENCE MAY BE ADMITTED AND TAKEN INTO CONSIDERATION BY THE COURT,
CONCERNING THE ACCUSED'S ASSETS. SECTION READS AS FOLLOWS:
QUOTE 12. IN ANY TRIAL OR INQUIRY BY MAGISTRATE OR A COURT.
IN RESPECT OF AN OFFENCE AGAINST THIS ORDINANCE IT MAY BE PROVED
AND TAKEN INTO CONSIDERATION BY SUCH MAGISTRATE OR COURT THAT
AN ACCUSED PERSON
(A) IS IN POSSESSION OR HAS DISPOSED OF PECUNIARY RESOURCES
OR PROPERTY DISPROPORTIONATE TO HIS KNOWN SOURCES OF INCOME
FOR WHICH HE CANNOT SATISFACTORILY ACCOUNT: OR
(B) HAS AT OR ABOUT THE TIME OF AN ALLEGED OFFENCE OBTAINED AN ACCRETION TO HIS PECUNIARY RESOURSES OR PROPERTY FOR
WHICH HE CANNOT SATISFACTORILY ACCOUNT UNQUOTE.
THIS SECTION HAS BEEN INTERPRETED HERE BY THE SUPREME COURT
APPELLANT JURISDICTION TO THE CASE OF PRITCHARD, 1965 H. K. L. R.
479, WHERE NUGGINS, J. SAYS:
QUOTE..... COUNSEL SUBMITTED THAT THIS PROVISION OUGHT TO BE
CONSTRUED NARROWLY SINCE IT DEPARTED SO FAR FROM THE ACCEPTED RULES
OF EVIDENCE. THUS, BE SAID, THERE MUST BE SOME APPARENT CONNECTION BETWEEN ANY EVIDENCE ADDUCED UNDER SECTION 12 AND THE CHARGE LAID, SO THAT A BANK ACCOUNT COULD BE ADMITTED ONLY WHERE THE FIGURE
POINTED TO THE DEFENDANT'S HAVING COMMITTED THE PARTICULAR OFFENCE
AND NOT MERELY TO THE POSSIBILITY THAT HE HAD COMMITTED OFFENCES
SECRET
/IN CENERAL