TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 258

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PREVENTION OF BRIBERY BILL

with the facts, from persons in charge of public bodies or any depart- ment. office or establishment of a public body and from managers

As with clause 13, the secrecy requirements of the Inland Revenue Ordinance are preserved.

21. Clause 15 deals with legal advisers who, in that capacity, may be in possession of information regarding the affairs of their clients which is relevant to an inquiry under this Bill. As a general rule, what a legal adviser, in his professional capacity, learns from his client is privileged from disclosure, because of the need for full and unreserved dealings between client and lawyer.

22. Although this privilege will not protect from disclosure communications made in furtherance of any crime, whether the legal adviser was a party to, or ignorant of, the illegal object, its protection is generally displaced only by definite evidence of illegality adduced in judicial proceedings. Consequently, the position of legal advisers in possession of privileged information which may be required for the purpose of the investigation of an alleged offence under this Bill will be regulated by clause 15, which preserves the general privilege, save for certain exceptions expressly dealt with in the clause.

however

23. In the absence of such a clause, persons might evade discovery by getting a solicitor to deal with the proceeds of corrupt transactions, relying on the rule against disclosure of privileged information. The clause is not intended as a means of finding out what instructions an accused has given to his legal advisers for the purpose of defending himself, and this is expressly so provided in the clause.

24. Clauses 16 and 17 regulate the entry and search of premises

former clance heino

except if the lawyer or his clerk or servant is the subject of the investigation.

person wno, in cui and Sutrênder his travel documenis

the Colony, to furnish bail, or to commit him to prison, until he does so, furnishes bail, for up to 28 days. This provision is intended to prevent suspects from escaping from the Colony as soon as investigations start. An appeal will liz from the magistrate's decision.

Evidence (Part IV).

26. By clause 19 it will not be a defence to show that the giving or accepting of an advantage is customary in Hong Kong in the particular profession, trade, vocation or calling concerned.