TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 34

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

3

"12. In any trial or inquiry by a magistrate or a court in

respect of an offence against this Ordinance it may be proved and

taken into consideration by such magistrate or court that an accused

person

(a) is in possession or has disposed of pecuniary resources

or property disproportionate to his known sources of

income for which he cannot satisfactorily account; or

(b) has at or about the time of an alleged offence obtained

an accretion to his pecuniary resources or property

for which he cannot satisfactorily account.

It has, I think, been accepted for a long time that in corruption

laws presumptions are permissible to an extent not found in other criminal

for example, see section 2 of the U.K. Prevention of Corruption

statutes

Mad

Act 1916, which raises a presumption that a public servant who receives

money has done so corruptly, until the contrary is proved.

77.

Paragraph 8. This clause has been removed from the Bill as

indicated in my letter of the 6th November addressed to Carter.

8.

Paragraph 9. The amendment proposed has been made.

(D.T.E Roberts) Attorney General. 20th November, 1969.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.