TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 179

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W(B)L 51-7406

NOTHING TO BE WRITTEN IN THIS MARGIN

distinct from that of corruption, a person

convicted under that Clause would not in

reality be convicted because the circumstances

raised a suspicion that he had been guilty

of corruption). The retention of the tause

might therefore be difficult to defend

against any criticisms which might be

levelled at it both inside and outside

Parlament.

14. Another objection to the Clause is that

a

the test by which the Attorney-General

decides to institute a prosecution or the

Courts to decide on a conviction, is

subjective

necessarily a substantive judgment on which

may

two persons might take different views

without it being possible to say that either

view is unreasonable this seems too

uncertain a test on which to decide the

question whether a person is or is not

guilty of a criminal offence.

15. The Legal Advisers have suggested, as

an alternative to the Clause, the sub-

stitution of a provision based on Malaysian

legislation to the effect that the unexplained

possession of pecuniary resources or

property (though not constituting an offence

in itself) may be taken into account as

corroborative evidence in support of a

charge of bribery. This could tip the

scale in favour of the prosecution where,

for instance, there was dispute as to whether

the accused had or had not taken a bribe.

17....