TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 182

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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dealt with in the Clause. The intention

of the exceptions is to prevent persons

from evading discovery by getting a

solicitor to deal with the proceedings

of corrupt transactions.

It does, however,

provide that a solicitor or other legal

adviser will be exempt from any requirement

to disclose any privileged information

which has come to his knowledge for the

purpose of any proceedings, begun or in

contemplation, before a Court.

Eur

18.Legal advisers are nevertheless

unhappy about the Clause. In discussions

with the Attorney-General, Hong Kong, it

has been agreed that the intention of the

Clause is that, so far as is possible,

solicitors or other legal advisers should

not be required to divulge privileged

information. But as worded at present

the Clause would not cover information

given to a solicitor for the purpose of

providing legal advice for his client

unassociated with any legal proceedings.

In this respect it differs from English

Legal advisers therefore consider

that the Clause should be amended to cover

law.

the same information as is privileged

under English law.

19. The Clause in its original form was

criticised by the Hong Kong Bar Association

and the Law Society. The present form

is said to have been designed to meet

their objections, but the Attorney-General

/10.....

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