TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 7

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justice in that it may be used to compel an accused person to make

incriminating statements during an investigation.

(N. B.

Clause 13 could also be used for this purpose.)

Clause 15

Clause 15(4) exempts a Legal Adviser from any requirement under Clause 15(2) or (3) to disclose any privileged information, document, etc. which is in his possession "for the purpose of any proceedings before a Court".

But Clause 15(2) compels a Legal Adviser to divulge any information, whether privileged or not, which may be required under Clauses 13(1)(b), 13(2) and 14(2). The power conferred by these latter Clauses to require the divulging of information is a very wide one and may be exercised "if the Attorney-General is satisfied that there are reasonable grounds for suspecting that an offence under this ordinance has been committed by any person", i.e. before any charge is laid and, consequently, before there are "any proceedings before a Court".

It would, therefore, be possible to require a Legal Adviser to divulge any privileged information before a charge is laid, i.e. before Clause 15(4) becomes operative.

Since it is unlikely, except in isolated cases, that suspected persons would make use of their Legal Advisers to conceal any evidence against them, it is doubtful whether the provision of power to compel Legal Advisers to divulge privileged information would be worth-while, having regard to the controversy to which such a provision would undoubtedly give rise.