CONFIDENTIAL
(●) Clause 25
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This clause would bar an accused person from alecting to make an unsworn statement from the dook. The purpose behind this provision would appear to be to force the accused either to remain silet or to submit to cross examination. Our Legal Advisers expressed the opinion that such a provision was objectionable since it would take away one of the basic rights er an accused person. However, subsequent enquiries have revealed that the Criminal Law Revision Committee, who are reviewing the law of criminal svidence in this country, propose to recommend that the right of an accused person to make such a statement (as distinct from his right, if unrepresented, to address the court in his own defence) should be abolished. It seems likely that the Committee will recommend accordingly although this cannot be regarded as certain until they present their” report (which it is hoped will be within the next twelve months). We have accordingly informed the Attorney General, Hong Kong, that we would see no objection to this change being introduced in Hong Kong at the same time that it is introduced in this country. But we consider that if any such change is introduced, it should be of general application and should not be limited to persons accused of certain offences involving corruption by public servants,
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Hong Kong Department October 1969
CONFIDENTIAL
Page 45Page 46
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