6
WEDNESDAY, OCTOBER 12, 1994
PROSECUTORS NO LONGER RELY ON
SECTION 25 OF PREVENTION OF BRIBERY ORDINANCE
IN THE LIGHT OF CASE LAW UNDER THE BILL OF RIGHTS ORDINANCE CONCERNING PRESUMPTIONS, PROSECUTORS HAVE BEEN INSTRUCTED TO INVITE
THE COURTS NOT TO RELY UPON SECTION 25 OF THE PREVENTION OF BRIBERY ORDINANCE, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
THE
IN A WRITTEN REPLY TO A QUESTION BY THE HON ANNA WU HUNG-YUK, MR MATHEWS SAID SECTION 25 OF THE PREVENTION OF BRIBERY ORDINANCE WAS USED RELATING TO PROSECUTIONS FOR BRIBERY UNDER SECTION 4 OR 5 OF THAT ORDINANCE.
IT
PROVIDES THAT, WHERE IT IS PROVED THAT THE ACCUSED GAVE OR ACCEPTED AN ADVANTAGE, THE ADVANTAGE SHALL BE PRESUMED TO HAVE BEEN GIVEN AND ACCEPTED FOR THE PURPOSES ALLEGED IN THE PARTICULARS OF OFFENCE, UNLESS THE CONTRARY IS PROVED.
THE
AN
IN THE LIGHT OF CASE LAW UNDER THE BILL OF RIGHTS ORDINANCE CONCERNING PRESUMPTIONS, PROSECUTORS WOULD NOW HAVE TO PROVE THAT ALLEGED ADVANTAGE WAS GIVEN AND ACCEPTED FOR THE PURPOSES ALLEGED, SAID.
HE
HE ADDED: "SHOULD THE SECTION BE CHALLENGED AS BEING INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE, PROSECUTORS ARE INSTRUCTED TO INFORM THE COURT THAT IT IS THE CROWN'S VIEW SECTION HAS BEEN REPEALED BY THE BILL OF RIGHTS ORDINANCE.
THAT
THE
||
OF BRIBERY
REVIEW RIGHTS
НЕ ALSO NOTED THAT SECTION 25 OF THE PREVENTION ORDINANCE WAS BEING CONSIDERED BY THE INDEPENDENT ICAC COMMITTEE IN THE LIGHT OF LEGAL ADVICE CONCERNING THE BILL OF ORDINANCE.
WITH
ON OTHER STATUTORY PROVISIONS WHICH MIGHT BE INCONSISTENT THE BILL OF RIGHTS ORDINANCE, MR MATHEWS SAID IT WAS NOT THE POLICY OF THE ADMINISTRATION TO DECLINE TO RELY ON ANY PROVISION OF THE CRIMINAL LAW BECAUSE IT MIGHT POSSIBLY BE INCONSISTENT WITH THE BILL OF RIGHTS ORDINACE.
A
HOWEVER, IF THE LEGAL DEPARTMENT CONSIDERED THAT SUCH PROVISION WAS INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE, PROSECUTORS WOULD BE INSTRUCTED NOT TO RELY UPON THE PROVISION AND
STEPS LEGISLATIVE
WOULD BE TAKEN TO DELETE THE PROVISION FROM THE ORDINANCE CONCERNED, HE SAID.
HE NOTED THAT SOME PROVISIONS HAD ALREADY BEEN DELETED FOR THAT REASON AND STEPS WERE BEING TAKEN ΤΟ DELETE FIVE ADDITIONAL PROVISIONS.
THE ARE:
SECTION 8 (D) OF THE SUMMARY OFFENCES ORDINANCE (CAP. WHICH MAKES IT AN OFFENCE FOR PEOPLE TO ASSEMBLE IN NIGHT-TIME WITHOUT REASONABLE EXCUSE, OR FOR A PERSON FAIL TO REPORT SUCH AN ASSEMBLY;
228),
THE
TO
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