TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 243

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Comment on failure of

accused to give evidence.

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PREVENTION OF BRIBERY BILL

any law or practice to the contrary,

26. Notwithstanding anything in any other law contained, it shall be lawful for the prosecution and the court in any proceedings for an offence under Part II to comment on the failure of the accused to give evidence on oath.

PART V.

Frivolous, false or groundless complaints to be reported to the Attorney General.

Power as to costs on acquittal.

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MISCELLANEOUS.

27. At the conclusion of proceedings for an offence under this Ordinance, the court may, if of the opinion that the complainant or any other person has knowingly, and with intent to harm the accused, made a false, frivolous or groundless allegation against him, so certify in writing and transmit the certificate and the record of the proceedings to the Attorney General.

26.

Where a person is acquitted after trial before the Supreme

Court or the District Court for an offence under Part II the court may

award to that person such costs as may seem just and reasonable to the

court, but not in any case exceeding ten tousand dollars, and such costs

shall be paid from moneys provided by the Legislative Council.

(b) misleads-

(i) any police officer specified in an authorization given under section 13; or

(ii) any public servant specified in an authorization given under section 13,

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shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars and to imprisonment

for one year.

A in respect of an offence alleged or suspected to have been

committed by him under this Ordinance

either the identity of any person who is the subject of an investiga- tion under this Ordinance or any details of such investigation, shall be guilty of an offence and shall be liable on conviction to a fine of ve thousand dollars and to imprisonment for one year.

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