PREVENTION OF BRIBERY BILL
21. Notwithstanding any rule of law or practice to the contrary, no witness shall, in any proceedings for an offence under Part II, be regarded as an accomplice by reason only of any payment or delivery by him or on his behalf of any advantage to the person accused.
22. (1) In or for the purpose of any proceedings for an offence under Part II, a magistrate or the court may, with the consent in writing of the Attorney General, order that a pardon be granted to any person accused or suspected of, or committed for trial for any such offence, on condition that he shall give full and true evidence of all things as to which he is lawfully examined.
(2) A pardon granted under subsection (1) may be withdrawn by a magistrate or the court if the magistrate or the court considers that the person to whom the pardon was granted has wilfully withheld evidence or given false evidence.
23. (1) Except as hereinafter provided, no witness shall, in any proceedings for an offence under Part II, be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to the latter's identification.
(2) If any books, documents or papers which are in evidence or liable to inspection in any proceedings under this Ordinance contain any entry in which any informer is named or described or which might lead to his discovery, the magistrate, in the case of committal proceedings, or the court before which the proceedings are held shall cause all such passages to be concealed from view or obliterated so far as is necessary to protect the informer from discovery but no further.
(3) In any proceedings for an offence under Part II, the magistrate, in the case of committal proceedings, or the court may, if of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, require the production of the original complaint, if in writing, and permit enquiry and require full disclosure concerning the informer.
24. In any proceedings against a person for an offence under Part II, the burden of proving a defence of lawful authority or reasonable excuse shall lie upon the accused.
25. Notwithstanding any law or practice to the contrary, a person charged with any offence under Part II (whether or not he is also charged with any other offence) shall not, in any proceedings therefor, be entitled or permitted to make a statement without being sworn as a witness in pursuance of section 54 of the Criminal Procedure Ordinance.
E85
Person giving bribe not to be regarded as an accomplice.
Power of court to grant conditional pardon.
Protection of informer.
Burden of proof.
Unsworn statement by accused person on trial not receivable.
(Cap. 221.)
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