NOTHING TO BE WRITTEN IN THIS MARGIN
CONFIDENTIAL
FCO
Blair-Kerr
FCO
Blair-Kerr
FCO
Blair-Kerr
FCO
Blair-Kerr
an offence under Section 10 should be increased to a
level not less than for offences under Sections 5 and
6.
Agreed that the present maximum penalty provided for
Sections 5 and 6 should be applied to all sections
(except Section 3) ie HK$ 100,000 and 10 years, with
the added comment that the problem seems to be the dif-
ficulty of securing a conviction rather than inadequate
penalties.
Recommended that upon a conviction under Section 10,
the court should be enabled to enact a forfeiture order
in respect of property etc, the control of which the
accused has been unable to explain satisfactorily.
Agreed subject to the proviso that it would be quite
wrong
if Section 10 were extended to cover the prop-
erty of others to order forfeiture of property of
those who were not a party to the case.
Recommended amendment to Section 13 to empower the
Attorney-General to authorise the inspection and inves-
tigation of bank and other accounts operated by Crown
servants.
Agreed.
Recommended amendment of Section 14 to remove the right
of silence from a suspect and oblige him to comply with
a notice issued by the Attorney-General under the
Section.
Agreed.
Recommended the amendment of Section 26 to allow the
prosecution and the court to comment on the failure of
an accused to give evidence denying the fact; and that
/this
(17865) Dd.145178 400m 5/73 G.W.B.Ltd. Gp.863
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CONFIDENTIAL