TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 170

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case. Since they perform a helpful function in giving information, it

is necessary to confer as much protection as possible on them

31. Clause 24 provides that the burden of establishing lawful

authority or reasonable excuse will be upon the accused, It is

probable that this provision is merely declaratory of the position at

common law, since, if the subject-matter of a particular allegation is

peculiary within the knowledge of accused, it lies upon him to rebut the

allegation. However, it is thought desirable to put the matter beyond

argument. The clause will not relieve the prosecution of establishing

that the accused actually solicited, accepted, offered or gave a bribe,

as the case may be.

32. Clause 25 deprives a person charged with an offence under

Part II of the right to make an unsworn statement from the dock. An

accused making a statement from the dock is not subject to cross-

examinati on. 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 ground-

less 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.

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