TNAG-0210-FCO40-246-Briefs-and-background-notes-for-visit-of-Deputy-Under-Secret-1969 — Page 35

CONFIDENTIAL

(e) Clause 25

This clause would bar an accused person from electing to make an unsworn statement from the dock. The purpose behind this provision would appear to be to force the accused either to remain silent 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 of an accused person. However, subsequent enquiries have

revealed that the Criminal Law Revision Committee, who are

reviewing the law of criminal evidence in this country, do 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

•

Hong Kong Department October. 1969

CONFIDENTIAL