TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 182

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FOREIGN AND COMMONWEALTH OFFICE COMMENTS

Clause 3.

We will amend on the line you suggest, including

in the proposed new subclause in Clause 4 a presumption on

the lines of section 2 of the Prevention of Corruption Act,

1916.

will

For the lesser offence, we provide, by means of

a suitable amendment to clause 12, for a penalty of twenty

thousand dollars and imprisonment for one year (the same

penalty is to be found in clauses 13, 14, 27 and 28).

Clause 10.

1

Surely the conferring of a right to make representations

to the Attorney General or Solicitor General personally is a

very substantial change from normal procedure. The clause

will oblige the Attorney General or Solicitor General! personally

to ask the suspect, in writing, if he wishes to put forward

any representations. These would have to be considered by

the Attorney General/Solicitor General before a prosecution

is authorized, though the representations themselves would

not be admissible in evidence. Surely this is a safeguard

which is both unprecedented and substantial?

I agree that the accused could be convicted if he

remained silent, once the Crown has established that he is

living above his means. But surely this is a common enough

hazard in criminal prosecutions? Once a prima facie case

is established by the Crown, the accused who keeps quiet is

usually in real danger.