CONFIDENTIAL
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sufficient to justify the width of the provisions as drafted).
They therefore advise that the words "his spouse, parents
or children" be deleted from Clause 14(1)(a)(i) & (iii):
or if the words are retained Clause 20(b) should be amended to
provide that comment cannot be made by the Court or prosecution
if the accused's failure to provide information in duo to
circumstances beyond his control.
19. Clause 15 Legal Advisers and privileged information.
The Hong Kong authorities recognise the general rule that,
whatever 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. The clause however, while preserving the generality of a legal adviser's privilege makes certain limited exceptions
The intention which are expressedly dealt with in the clause.
of the exceptions is to prevent persons evading discovery by getting a solicitor to deal with the proceeds 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, berun or in
contemplation, before a Court.
20.
As it Legal Advisers are still unhappy about the clause.
stands, a solicitor could be compelled to disclose facts vital
to his client's defence before any criminal proceedings were begun against him. They would prefer the exemption from the
Clause of all privileged information but would be ready to
advise acceptance of an amendment, providing that the provis- ions of the Clause would not apply to any information which a
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/solicitor
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