XN000022-1994-10-12 — Page 28

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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BILL OF RIGHTS ORDINANCE, PROSECUTORS ARE INSTRUCTED TO INFORM THE COURT THAT IT IS THE CROWN'S VIEW SECTION HAS BEEN REPEALED BY THE BILL OF RIGHTS ORDINANCE.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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