TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 115

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PREVENTION OF BRIBERY BILL

subject to cross-examination. He may give a plausible story to account for his apparently excessive wealth, which under cross- examination would be revealed as untruthful, but in the absence of any cross-examination, remains convincing.

33. Clause 26 will enable the prosecution, in the course of addressing the court or jury, as the case may be, to comment on the failure of the accused to give evidence on oath, which comment is at present forbidden by law. If the accused fails to give an explanation, it is not unreasonable to permit the prosecutor to call attention to the fact.

Miscellaneous Matters (Part V).

34. Clause 27 enables the court to report to the Attorney General (for him to consider what action can be taken) frivolous, false or groundless allegations; clause 28 makes it an offence to make a false report of the commission of an offence under the Ordinance or otherwise to mislead a police officer or person named in an authorization given under clause 13.

35. Clause 29 prohibits the unauthorized disclosure of the fact that a particular person is subject to investigation or any details of the investigation. Such a disclosure, by alerting the suspect, can often frustrate an investigation.

36. Clause 30 follows Cap. 215 by prohibiting the institution of a prosecution without the prior consent of the Attorney General, but permits the preliminary steps of arrest and remand on custody or on bail to be taken before consent is given.

37. Clause 31 empowers the court, on the trial for an offence under Part II, to convict the accused of any of the other offences under that Part, if the evidence justifies this. Where there is a variance between the particulars of the offence charged and the evidence adduced, the court may make the necessary alterations in the particulars. These powers are similar to those of magistrates under section 27 of the Magistrates Ordinance (Cap. 227).

38. Clause 32 disqualifies persons convicted of offences under Part II from being registered as electors or voting at Urban Council elections or from being members of any public body for a period of 7 years, and clause 33 repeals the existing legislation and makes consequential amendments to the Urban Council Ordinance.