TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 37

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HONG KONG LEGISLATIVE COUNCIL

21st October 1970.

Prevention of Bribery Bill-second reading

[Explanatory Memorandum]

clause 14, if the investigations lead to his prosecution for an offence under this Bill, any such statement or declaration which he may have given or made, and also his refusal to give a state- ment or make a declaration, will, under clause 20, be admissible. in evidence at his trial and may be made the subject of comment by the prosecution or the court.

28. Clause 21 will enable evidence of unexplained resources to be given in support of a charge under Part II. Such evidence may be treated as tending to substantiate the truth of testimony that the accused accepted or solicited a bribe and as showing that the bribe was accepted or solicited as an inducement or reward.

29. Clause 22 modifies the law as to accomplices which at present obliges a court to have specific regard to the danger of convicting a person on the uncorroborated evidence of an accomplice. If a person is accused of accepting a bribe, the person who gave him the bribe would be regarded as an accomplice, and vice versa. Clause 22 modifies the rule by pro- viding that the person who gave or, as the case may be, received the bribe shall not be regarded as an accomplice, by reason only of the fact that he paid money to, or received money from, the accused.

30. Clause 23 empowers a court, at the request of the Attorney General, to inform a person who has committed an offence under Part II, that if he gives full and true evidence of the matter he will not be prosecuted. It is not uncommon, in cases where offences are committed by several persons, to call some of them as witnesses against the others. However, they may be deterred from giving full and true testimony by the fear of providing evidence against themselves on which they, in turn, could be prosecuted. Moreover, at common law a witness cannot be compelled to answer any question which might incriminate him. An assurance granted under this clause will by-pass this rule of evidence. No such assurance will, however, debar a prosecution for perjury if such a witness should commit perjury.

31. Clause 24 provides that the burden of establishing lawful authority or reasonable excuse will be upon the accused. It is probable that this provision is merely declaratory of the position at common law, since, if the subject-matter of a particular allegation is peculiarly within the knowledge of the accused, it lies upon him to rebut the allegation. However, it is thought