XN000022-1976-04-28 — Page 12

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WEDNESDAY, APRIL 28, 1976

AMENDMENTS TO CORRUPT AND ILLEGAL PRACTICES ORDINANCE

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A BILL SEEKING TO AMEND THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE TO ENABLE A PERSON INVOLVED IN A CORRUPT OR ILLEGAL PRACTICE TO GIVE EVIDENCE AGAINST ANOTHER PARTY WITHOUT BEING REGARDED AS AN ACCOMPLICE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY.

IN MOVING THE SECOND READING OF THE CORRUPT AND ILLEGAL PRACTICES (AMENDMENT) BILL 1976, THE ACTING ATTORNEY GENERAL THE HON. GARTH THORNTON, POINTED OUT THAT THERE IS AT COMMON LAW A RULE WHEREBY A COURT IS REQUIRED TO HAVE SPECIFIC REGARD TO THE DANGER OF CONVICTING A PERSON ON THE EVIDENCE OF AN ACCOMPLICE WITHOUT CORROBORATION.

THE BILL, HE SAID, SOUGHT TO MODIFY THE APPLICATION OF THIS RULE TO PROSECUTIONS FOR CORRUPT AND ILLEGAL PRACTICES AT THOSE ELECTIONS TO WHICH THE ORDINANCE APPLIED.

UNCIL

+THESE ARE URBAN COUNCIL ELECTIONS AND, AS A RESULT OF THE RESOLUTION PASSED BY THIS COUNCIL TODAY, HEUNG YEE KUK ELECTIONS,+ HE SAID.

EXPLAINING THE BILL, MR. THORNTON STRESSED THAT IT WOULD NOT MEAN THAT THE COURT WOULD HAVE ANY OBLIGATION TO BELIEVE THE EVIDENCE OF THAT OTHER PARTY TO THE CORRUPT OR ILLEGAL PRACTICE, +BUT MERELY THAT THE COURT WOULD HAVE TO DECIDE WHETHER OR NOT IN THE PARTICULAR CASE SUCH A WITNESS IS WORTHY OF BELIEF, THE FACT THAT HE MIGHT BE AN ACCOMPLICE BEING DISREGARDED.+

HE ADDED THAT WHAT WAS PROPOSED IN THE BILL IN RELATION TO OFFENCES AT ELECTIONS WAS ALREADY THE LAW IN RELATION TO BRIBERY GENERALLY BY VIRTUE OF THE ENACTMENT IN 1970 OF SECTION 22 OF THE PREVENTION OF BRIBERY ORDINANCE.

DEBATE ON THE MOTION WAS ADJOURNED.

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