CONFIDENTIAL
11. PREVENTION OF BRIBERY ORDINANCE, SECTION 19: IF YOU WISH TO AMEND THIS SECTION AS PROPOSED IN PARA 126 OF THE REPORT WE WILL CONSIDER IT. BUT GIVEN THAT THERE ARE ALREADY DIFFICULTIES ABOUT THIS SECTION IN SO FAR AS IT LAYS THE BURDEN OF PROOF ON THE ACCUSED, THE EXTENSION OF THIS BURDEN TO COVER THE PROPERTY OF OTHERS WOULD STRETCH THE BURDEN ALMOST IMPOSSIBLY WIDELY.
12. SECTION 12 MAXIMUM PENALTY: WE BELIEVE SECTION 10 SHOULD BE A LAST RESORT. IT WOULD BE ANOMALOUS TO PUNISH MORE HEAVILY A MAN WHO CANNOT EXPLAIN HIMSELF THAN ONE WHOSE CORRUPTION IS PROVED. VE CONSIDER THAT PUNISHMENTS FOR OFFENCES UNDER SECTIONS OTHER THAN 5 OR 6 SHOULD BE KEPT IN STEP. IT COULD BE FOR CONSIDERATION
WHETHER THEY SHOULD BE RAISED.
13. SECTION 12: FORFEITURE. WE ARE NOT IN PRINCIPLE OPPOSED TO THE
19
A RECOMMENDATION. BUT IF SECTION 10 WAS EXTENDED TO COVER THE
PROPERTY OF OTHERS, IT WOULD BE QUITE WRONG TO ORDER FORFEITURE OF PROPERTY OF THOSE WHO WERE NOT A PARTY TO THE CASE.
14. SECTION 13: WE WOULD NOT OPPOSE ANY OF THE AMENDMENTS SUGGESTED
IN THE REPORT.
15. SECTION 14: IF YOU WISH TO MAKE THE PROPOSED CHANGE WE WOULD
LIKE TO CONSIDER IT FURTHER.
16. SECTION 17: NO OBJECTION TO THE PROPOSED CHANGE.
17. SECTION 26: IF YOU WISH TO PROCEED WITH THE PROPOSED AMENDMENT WE WOULD HAVE TO GIVE IT CAREFUL CONSIDERATION. THE PROPOSALS
OF THE CRIMINAL LAW REVISION COMMITTEE ARE NOT GENERALLY ACCEPTED
IN THIS COUNTRY.
18 SECTION 38: WE AGREE WITH THE COMMENT IN PARA 167 OF THE REPORT. THE CIRCUMSTANCES OF ANY DISCLOSURE WOULD HAVE TO BE CAREFULLY
CONSIDERED.
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GIB & GEN DEPT LEGAL ADVISERS PRIVATE SECRETARY PS/MR ROYLE
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