TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 15

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Wednesday, November 18, 1970

With the support of his unofficial colleagues, he proposed that

at the committee stage the words "advantage," "entertainment," and "benefit"

be deleted.

The Hon. Oswald Cheung asked whether it had not been due to oversight

that Section 10, as drafted, extended beyond Crown servants to the wider

field of public servants. The phrase "official emoluments" suggested that

the more limited category had been intended.

He had personal doubts about enacting this section of the Bill,

and would have been content with the existing provisions of Section 12 of

the Anti-Corruption Ordinance that in criminal proceedings a Court might take into account possession by the accused of resources disproportionate to his

known source of income.

Representations In Writing

He drew attention to a sub-section of Section 10 giving a person under investigation an opportunity of making representations in writing to

the Attorney General.

In his view, to preserve the value of that safeguard, it should

be enacted that these written representations be not admissible in evidence

if a prosecution was subsequently made, unless the accused consented.

Of Section 26, he thought to confer a right on the prosecution to

comment on the failure of the accused to give evidence was "going too far."

He felt it would be sufficient to retain the present rule giving a Court the

right to make such comment. He suggested this section be dropped out altogether.

/The Hon.

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