TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 45

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Friday, October 23, 1970

The effect of the previous clause would have been, in some cases,

to force a suspect either to supply information incriminating himself, or

to be convicted of the offence of failing to comply with a notice if he

refused to do so.

Now, where a notice was served on a suspect, he could either

proffer an explanation or refuse to do so "without fear of prosecution

for his refusal."

But if he did refuse, clause 20 of the Bill would enable the

fact of his refusal to be adduced in evidence, since it was pertinent for

the court, in deciding how much weight could properly be attached to an

accused's defence, to consider why it had not been disclosed at an earlier

stage following receipt of a notice under clause 14.

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P.R.H. 7