32
CAP. 201]
Burden of proof.
Presumption of corruption in
certain cases.
Comment on failure of accused to give evidence.
Prevention of Bribery
[1987 Ed.
instituted or carried on unless the court before which he gives evidence considers that he has wilfully withheld evidence or given false testimony and so certifies to the Attorney General in writing.
24. In any proceedings against a person for an offence under this Ordinance, the burden of proving a defence of lawful authority or reasonable excuse shall lie upon the accused.
25. Where, in any proceedings for an offence under section 4 or 5, it is proved that the accused gave or accepted an advantage, the advantage shall be presumed to have been given and accepted as such inducement or reward as is alleged in the particulars of the offence unless the contrary is proved.
26. Notwithstanding any law or practice to the contrary, it shall be lawful for the court in any proceedings for an offence under Part II to comment on the failure of the accused to give evidence on oath.
Frivolous, false or groundless complaints to be reported to the Attorney General.
Costs on acquittal.
Offence of making a false report of the commission of offence, etc.
PART V
MISCELLANEOUS
27. At the conclusion of proceedings for an offence under this Ordinance, the court may, if of the opinion that the complainant or any other person has knowingly, and with intent to harm the accused, made a false, frivolous or groundless allegation against him, so certify in writing and transmit the certificate and the record of the proceedings to the Attorney General.
28. Where a person is acquitted after trial before the Supreme Court or the District Court for an offence under Part II, the court may award costs to that person, such costs to be taxed and paid out of the general revenue.
29. Any person who, during the course of an investigation into, or in any proceedings relating to, an offence alleged or suspected to have been committed under this Ordinance, knowingly
(a) makes or causes to be made a false report of the commission of an offence under this Ordinance to any investigating officer specified in an authorization given under section 13; or
(b) misleads any investigating officer specified in an authorization given under section 13,
shall be guilty of an offence and shall be liable on summary conviction to a fine of $20,000 and to imprisonment for 1 year.
(Amended, 9 of 1974, s. 12)