CO129-522-7 Liquor Amendment Ordinance- 1929 23-12-1929 - 27-12-1929 — Page 20

HONG KONG LEGISLATIVE COUNCIL.

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THE ATTORNEY GENERAL.-I think what is contemplated is an analyst in the employment of the Government. Of course the Government may employ an analyst for a short time.

The amendment was approved.

THE ATTORNEY GENERAL.-I beg to move the deletion of clause 17 and the substitution of the following clause:-

17. lows:-

Section 79 of the principal Ordinance is amended as fol-

(a) by the insertion of the words "or any analyst in the employ- ment of the Government" immediately after the words "the Government Analyst" in the second line;

(b) by the substitution of the word "analyst's" for the words

"Government Analyst's" in the fourth line.

THE COLONIAL SECRETARY seconded and the amendment was approved.

THE ATTORNEY GENERAL.-I beg to move the deletion of clause 18 and the substitution of the following clause:-

18. Section 80 of the principal Ordinance is amended as fol- lows:

(a) by the insertion of the words "or by the Monopoly Analyst or by any other analyst in the employment of the Govern- ment" immediately after the words "the Government Analyst" in the third line;

(b) by the substitution of the word "analyst" for the words "Government Analyst" in the fifth, sixth and ninth lines.

THE COLONIAL SECRETARY seconded and the amendment was approved.

HON. MR. R. H. KOTEWALL.-Sir, I beg to move that the proposed new section 87A be deleted. I submit that this section is contrary to the spirit of English jurisprudence. As I understand it, no person, except as a witness in a properly constituted tribunal, is compelled by law to give information. According to Halsbury, volume 13, page 574, even a witness before such a tribunal "may refuse to answer a question on the ground that the answer may tend to incriminate him, that is, may tend to expose the witness or the husband or wife of the witness, to any kind of criminal charge or to any kind of penalty or forfeiture."

The proposed section takes no cognisance of this well-known law of privilege extended to witnesses. Very often the man who is

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