TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 72

CONFIDENTIAL

Blair-Kerr 21.

Recommends amendment of Section 14 to remove the right of

silence from a suspect and oblige him to comply with a notice

issued by the Attorney-General under the section.

FCO 22. Agreed.

Blair-Kerr 23.

FCO

Recommends the amendment of Section 26 to allow the prose-

cution and the court to comment on the failure of an accused to

give evidence denying the fact; and that this should be regarded

as capable of corroborating the evidence of it.

24. Agreed with the first part of this recommendation but not

with the second (ie corroboration). On the latter the recommen-

dations of the Law Commission are still the subject of public

discussion here and HMG has not so far expressed any view. We

would prefer not to see this adopted in the limited context of

bribery cases in Hong Kong while the principle remains undecided.

We asked that this recommendation should be left in abeyance.

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CONFIDENTIAL