HKK 14/38
LAST
REF.
FOREIGN AND COMMONWEALTH OFFICE,
LONDON, S.W.1
18 September, 1969
10
The Hong Kong Government have published, for general comment, Bill which they pro ose to introduce into their Legislature in the near future and which is designed to tighten up their laws dealing with corrup- tion. The Bill has a particular bearing on public servants and on those who may have dealings with public servants.
One of the provisions in the Bill will, if enacted as it stands, bar a person accused of certain offences involving corruption from electing to make an unsworn statement from the dock. The effect of this provision would be to compel the accused either to remin silent or to submit to cross-examination.
A preliminary view expressed here was that such a provision might be objectionable and anyhow, if such a provision were to be introduced, it should be of general application and not limited to persons accused of certain offences involving corruption by public servants.
However, in the course of recent discussions with the Attorney-General, Hong Kong, it has been suggested that the practice in the United Kingdom of allowing accused persons to elect to make unsworn statements may be under review,
I understand from Abrahams of the Law Commission that the Criminal Law Reform Committee may have this question under review.
If this is so, we would be grateful if you could let us know how the matter stands at present.
REAT
REF.
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(Sir A. Grattan-Bellew)
G. V. Hart Esq.,
Legal Division, Home Office,
Whitehall,
London, S.W.1
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