41
41
42
22.
notice on Hr. Ganttingham. (Document shown to witness) This is copy of the notice, original of which was served on Mr. Cunningham. From memory I served notice on Mr. Cunningham in Hr. Hampton's office. (Notice produced as P. 1) This notice called for a reply from Mr. Cunningham. A reply was in fact received. I had no note of the date when it was received. It was delivered to ICAC office through usual administrative channels. This is the reply that was received. (Mr. Hampton objects to production of document: one privilege an accused person has which is jealously guarded by courts
and by lawyers is principle that no person be required to incriminate himself or answer any questions which might do so. That principle for reasons of expediency has been eroded in Prevention of Bribery Ordinance where people are directly required by law and under penalties for disobedience to incriminate themselves. That erosion has strict limits, and limits are those set out in Prevention of Bribery Ordinance. Such a document would not be admissible in conspiracy charge and could only be admitted as a charge under Section 14 of Prevention of Bribery Ordinance. My client is not only charged under Conspiracy Charge but under Crimes Ordinance, I cannot see how such document can be admitted. Admissibility is under Section 20 of Prevention of Bribery Ordinance. Court: Document accepted in evidence, Would also say that 1st Accused faces charge under Section 14(4) of Prevention of Bribery Ordinance.) (Ex. P.2)
C
:
On 13/3/75 I was continuing my inquiries into affairs of 1st Accused. I saw Mr. Cunningham that date at his home,and he recognized me he new me. Mr. Nattress an officer of ICAC was with me.
I asked Mr. Cunningham if he would come with me to ICAC office. He asked if that meant he was being arrested and I said "No". I said "I'd like you to come willingly". He said "Yes. I'll get dressed". He did come and with some assistance from myself and Mr. Nattress he made a telephone call which was apparently to his solicitor Mr. Hampton. We went to ICAC offices at Hutchison House and I said to him: "You will recollect that I served you with a notice asking you to declare monies sent out of