TNAG-0210-FCO40-246-Briefs-and-background-notes-for-visit-of-Deputy-Under-Secret-1969 — Page 34

<

CONFIDENTIAL

the two clauses.

(b) Clause 10

This clause makes the possession of unexplained property a criminal offence. Legal Advisers are very doubtful whether this could be justified, even in the circumstances of Hong Kong; and they consider that it would be even more difficult to justify making it an offence carrying a maximum penalty of $20,000 or seven years' imprisonment. There might be legitimate reasons why an officer would not wish to explain in public how he has acquired or has access to means other than his official emoluments, although he might not have any objection to giving an explanation to the appropriate senior Government official. Accordingly it has been suggested to the Attorney General, Hong Kong, that it might be sufficient to make possession of unexplained property a disciplinary offence.

(၁)

Clause 14

This clause would give the Attorney General power to require a person accused of an offence under the Bill to make a statement as to certain specific matters and if the accused failed to comply, he could be prosecuted. This would be contrary to the fundamental principle of English law that an accused person is not obliged to incriminate himself and has the right, if he so wishes, of remaining silent. It has accordingly been suggested to the Attorney General, Hong Kong, that the clause might be amended to provide that an accused person could be called upon to make a statement and that the prosecution could ask the court to draw an inference from any

refusal by the accused to do so.

(a) Clause 15

It is considered that sub Clauses (3) and (4) of this

clause, which require an accused's Legal Advisers to give

certain information, go too far and should be omitted. The Attorney General, Hong Kong, agreed to examine the clauses in the light of any comments which might be forthcoming from the local legal profession in Hong Kong.

CONFIDENTIAL

/ (e) .