(Cap. 197.
(Cap. 327.3
Custom not to
be a defence,
Admissibility
of accused's
declarations
and statemenu,
16
(6) until the expiry of the period of twenty-eight days from the date of his committal to prison as aforesaid: or
(c) until a magistrate, by order in that behalf, orders and directs the Commissioner of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Commissioner of Prisons so to do),
whichever occurs first.
(6) The provisions of section 62 (power to reduce or vary security), section 63 (recognizance taken out of court), section 64 (mode of giving security and enforcement thereof) and section 65 (enforcing recognizance for appearance) of the Magistrates Ordin. ance shall apply, mutatis mutandis, to recognizances under this section.
(7) Proceedings before a magistrate under this section shall be deemed to be a proceeding which a magistralc has power to determine in a summary way within the meaning of section 105 and subsection (3) of section 113 of the Magistrates Ordinance, and, accordingly, the provisions of Part VII of that Ordinance (which relate to appeals) shall apply, muntatis mutandis, to appeals against an order or determination of a magistrate under this section.
(8) All proceedings before a magistrale under this section shall be conducted in chambers,
PART IV.
EVIDENCE.
19. In any proceedings for an offence under this Ordinance, it shall not be a defence to show that any such advantage as is mentioned in this Ordinance is customary in any profession, trade. vocation or calling.
20. In any proceedings against a person for an offence under this Ordinance—
(a) any statutory declaration or statement in writing fur- nished by him in compliance or purported compliance with the terms of a notice served upon him under paragraph (a) or (b) of subsection (I) of section 14 shall be admissible in evidence and, if such person tenders himself as a witness, any such declaration or statement may be used in cross-examination and for the purpose of impeaching his credit:
17
(b) the fact of bis failure in any respect to comply with the terms of a notice served on him under paragraph (a) or (b) of subsection (1) of section 14 may be adduced in evidence and made the subject of comment by the court and the prosecution.
21. (1) Io any proceedings against a person for an offence under Part II (other than section 101, the fact that the accused was, at or about the date of or at any time since the date of the pileged offence, or is in possession, for which he cannot satis- factorily account, of pecuniary resources or properly dispropor- tionate to his known sources of income, or that he had, at or about the date of or at any time since the date of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken by the court-
(a) as corroborating the testimony of any witness giving evidence in such proceedings that the accused accepted or solicited any advantage; and
(b) as showing that such advantage was accepted or soli-
cited as an inducement or reward.
(2) For the purposes of subsection (1) a person accused of an offence under Part II (other than section 10) shall be pre- sumed to be or to have been in possession of pecuniary resources or property, or to have obtained an accretion thereto, where such resources or properly are or were held, or such accretion was obtained, by any other person whom, having regard to his retation- ship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.
22. Notwithstanding any rule of law or practice to the contrary, no witness shall, in any proceedings for an offence under Part II. be regarded as an accomplice by reason only of any payment or delivery by him or on his behall of any advantage to the person accused or, as the case may be, by reason only of any payment or delivery of any advantage by or on behalf of the person accused to him.
23. In or for the purpose of any proceedings for an offence under Part II, the court may, at the request in writing of the Attorney General, inform any person accused or suspected of suck offence or of any other offence under Part II that, if he gives full and true evidence in such proceedings and, where such proceedings are proceedings held with a view to committal for
Evidence of pecuniary
resources Or property.
Person giving or receiving bribe not to be regarded
as an
accomplice.
Power to
DIE cvidence of perlica to offences.