WITH THE USUAGE AND PRACTICE OF THE COUNCIL WHICH APPLIED PRIOR TO THE COMMENCEMENT OF THIS ORDINANCE (NEXT ELEVEN WORDS UNDERLINED) OR APPLIES THEREAFTER BY VIRTURE OF ANY RESOLUTION OF THE COUNCIL' THE AMENDMENT IS DESIGNED TO ALLOW THE COUNCIL TO DETERMINE NEV
PRACTICES IN ADDITION TO RELYING ON PAST PRACTICES WHICH MAY BE
IMPRECISELY DEFINED.
(F) PROTECTION OF WITNESSES AGAINST PROSECUTION (CLAUSE (16))
WE VOLUNTEERED THAT, AS PRESENTLY WORDED, IT WAS CAPABLE OF AN UNINTENDED INTERPRETATION: THAT THE EVIDENCE HAVING BEEN GIVEN
BEFORE THE COUNCIL OR COMMITTEE, THE WITNESS WOULD RECEIVE IMMUNITY FROM PROSECUTION. AG OFFERED A NEW TEXT WHICH WOULD REMOVE THAT DOUZT AND MAKE CLEAR FIRST, THAT A PERSON WILL NOT BE EXCUSED FROM
ANSWERING QUESTIONS OR COMPLYING WITH ORDERS IF TO DO SO MAY TEND TO EXPOSE THAT PERSON OR HIS SPOUSE TO PROCEEDINGS FOR AN OFFENCE
OR FOR THE RECOVERY OF A PENALTY: BUT THAT, SECONDLY, SUCH EVIDENCE
GIVEN IN COUNCIL OR IN COMMITTEE WILL NOT BE ADMISSIBLE IN ANY
PROCEEDINGS AGAINST THAT PERSON OR THE SPOUSE (OTHER THAN PROCEEDINGS
FOR PAYING).
(G) INTENTIONAL DISRESPECT (CLAUSE 17(D))
TO BE DELETED. THIS HAS BEEN MUCH DISCUSSED IN THE MEDIA AS WELL
AS IN REPRESENTATIONS MADE TO UMELCO. WE AGREED THAT IT WOULD NOT
BE DESIRABLE TO CREATED A NEW CLASS OF OFFENCE BASED ON
''DISRESPECT''.
(H) PENALTY UNDER CLAUSE 18(1)
THE TERM OF IMPRISONMENT TO BE REDUCED TO TWO YEARS.
(1) OFFERING OF DRIBE (CLAUSE 19(A))-
THIS COULD OVERLAP WITH THE PREVENTION OF BRIBERY ORDINANCE AND AG IS CONSIDERING WHETHER THIS SHOULD BE DELETED.
(J) SCANDALOUS LIBEL (CLAUSE 20(A)}-
WE PROPOSED THE ADDITION OF THE REQUIREMENT THAT THE
PROSECUTION SHOULD PROVE THE PERSON DOES SO (NEXT WORD UNDERLINED) MALICIOUSLY AND THE TERM SCANDALOUS LIBEL WILL BE REPLACED AND
THE INTENTION MORE CLEARLY SPELT OUT.
(K) CLAUSE 20(L)
-
SIMILARLY TO BE AMENDED BY ADDING THE WORD (NEXT WORD
UNDERLINED) MALICIOUSLY.
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