TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 161

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to show to the Court that he had a satisfactory

explanation of how he came to live beyond his

official means or came by so much property.

4. In order to meet criticism in Hong Kong that

the clause, if not used with care, could constitute

an objectionable intrusion, into the, private affairs

VISION a person was added to th Jw h

effect

of public officers, no prosecution could be

instituted under this clause without the personal

consent of the Attorney-General (or Solicitor-

General), Hong Kong, who would have to give a prior

opportunity to the person concerned of making

written representations to him.

5.

It is felt by the Department's Legal Adviser

that this clause violates the principle that a man

shall not be convicted of a criminal offence unless

a Court is satisfied beyond reasonable doubt that

he has committed the offence a principle which is

basic to our whole approach to criminal law. (Though

technically Clause 40 creates an offence separate

and distinct from that of corruption, a person

convicted under that clause would in reality be

convicted because the circumstances raised a

suspicion that he had been guilty of corruption.) 6. Another objection to the clause is that the

test by which the Attorney-General decides to

institute a prosecution or the Courts to decide on

Ch

a conviction, is necessarily subjective judgment

on which two persons may take different views without

it being possible to say that either view is

unreasonable

d

this seems too uncertain a test on

which to decide the question whether a person is

or is not guilty of a criminal offence.

7. The Legal Adviser have suggested, as an

alternative to the clause, the substitution of a

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stat

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