TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 113

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PREVENTION OF BRIBERY BILL

with the facts, from persons in charge of public bodies or any depart- ment, office or establishment of a public body and from managers of banks (in the form of copies of bank accounts of the person suspected and of his spouse, parents and children). Neglect or failure to comply with a requirement under this clause will be an offence under subclause (3).

21. Clause 15 deals with legal advisers who, in that capacity, may be in possession of information regarding the affairs of their clients which is relevant to an inquiry under this Bill. As a general rule, what a legal adviser, in his professional capacity, learns from his client is privileged from disclosure, because of the need for full and unreserved dealings between client and lawyer.

22. Although this privilege will not protect from disclosure communications made in furtherance of any crime, whether the legal adviser was a party to, or ignorant of, the illegal object, its protection is generally displaced only by definite evidence of illegality adduced in judicial proceedings. Consequently, the position of legal advisers in possession of privileged information which may be required for the purpose of the investigation of an alleged offence under this Bill will be regulated by clause 15, which preserves the general privilege, save for certain exceptions expressly dealt with in the clause.

23. In the absence of such a clause, persons might evade discovery by getting a solicitor to deal with the proceeds of corrupt transactions, relying on the rule against disclosure of privileged information. The clause is not intended as a means of finding out what instructions an accused has given to, his legal advisers for the purpose of defending himself.

24. Clauses 16 and 17 regulate the entry and search of premises by persons conducting investigations, the former clause being concerned with the premises of public bodies and the latter with other premises. Lawyers' offices are not liable to entry and search under these provisions

25. Clause 18 will empower a magistrate to require any person who, in the course of an investigation, is about to leave the Colony, to furnish bail or to commit him to prison, until he furnishes bail, for up to 28 days. This provision is intended to prevent suspects from escaping from the Colony as soon as investigations start.

Evidence (Part IV).

26. By Clause 19 it will not be a defence to show that the giving or accepting of an advantage is customary in Hong Kong in the particular profession, trade, vocation or calling concerned.

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