Map, 227)
Burden of proof.
Presumption
of corruption
in certain
cases.
Comment on Failure of
accused to give evidence.
Frivolous, false or groundless
complaints to the reported to the
Attorney
General.
Costs on acquittal.
Offence of making a false report
of the
commission
of offence,
ctc.
18
trial under section 85 of the Magistrates Ordinance, in the trial before the Supreme Court of all things as to which he is lawfully examined, he will not be prosecuted for any offence disclosed by his evidence; and upon such person giving evidence in any such proceedings no prosecution against him for any offence disclosed by his evidence therein shall be instituted or carried on unless the court before which be gives evidence considers that he has wilfully withheld evidence or given false testimony and so certifies to the Attomey 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 ou the failure of the accused to give evidence on oath.
PART V.
MISCELLANEOUS.
27. At the conclusion of proceedings for an offence under this Ordinance, the court may, if of the opinion that the com- plainant 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, know- ingly-
(a) makes or causes to be made a false report of the com-
mission of an offence under this Ordinance to-
() any police officer specified in an authorization given under section 13; or
19
(ii) any Crown servant specified in an authorization given under section 13; or
(5) misleads-
(i) any police officer specified in an authorization given under section 13; or
(ii) any Crown servant specified in an authorization given under section 13,
shall be guilly of an offence and shall be liable on summary con- viction to a fine of twenty thousand dollars and to imprisonment for one year.
30. Any person who, without lawful authority or reasonable excuse, discloses to any person who is the subject of an investi- gation in respect of an offence alleged or suspected to have been committed by him under this Ordinance the fact that he is subject to such an investigation or any details of such investigation, or discloses to any other person either the identity of any person who is the subject of such an investigation or any details of such an investigation, shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.
31 (1) No prosecution for an offence under Part II shall be instituted except with the consent of the Attorney General.
(2) Notwithstanding subsection (1) of this section a person may be charged with an offence under Part 11 (other than an offence under section 10) and may be arrested therefor, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney General to the institution of a prosecution for the offence has not been ablained, but no such person shall be remanded in custody or on bail for longer than three days on such charge unless in the meantime the consent of the Attorney General aforesaid bas been obtained.
(3) When a person is brought before a magistrate before the Attorney General has consented to the prosecution, the charge shall be explained to the person accused but he shall not be called upon to plead and the provisions of the law for the time being in force relating to criminal procedure shall be modified accord- ingly.
32. (1) If, on the trial of any person for any offence under Part II, it is not proved that the accused is guilty of the offence charged but it is proved that the accused is guilty of some other offence under Part II, the accused may, notwithstanding the
Offence to disclose identity, etc.
of persons
being in vestigated,
Consent of Allorney General required for prosecution of offences under Part II.
Alternative convictions. and amending particulars.