TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 207

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wither

The provisions of this clause would be acceptable if the penal sanction were to be removed in the case of a suspect or accused person so that he had the right to remain silent. As previously suggested, the clause could provide that such person could be called upon to

make a statement and that the prosecution could ask the court to

Araw An

infan

Sub-clause (1) (a) is unreasonably wide in the amount of information about the private affairs of his parents, spouse, and children that a suspent may be called on to give.

Sub-clause (1) (c), which enables a person other than a suspect to be required, under pain of fine or imprisonment, to disclose all property belonging to or possessed by him, is an unusual invasion of privacy.

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 any charge is laid and, consequently, before there are 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.

It is considered that to be acceptable this clause should preserve in unequivocal terms the confidentiality of "instructions" to a legal adviser from his client.

Clause 18

This provision for the surrender of a passport as a condition of bail seems to be something that should be part of the general law

if it is to be enacted at all. Are persons suspected of corruption

/ more likely