TNAG-0490-FCO40-555-Allegations-of-bribery-and-corruption-in-Hong-Kong-police-an-1974 — Page 73

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GPS 650

IMMEDIATE

CYPHER/CAT A

FM HONG KONG 0707002

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FUKKIY /3 4.13

LAST

REF

TO IMMEDIATE FCO TELNO 506 OF 7 MAY. 1974

NOT

REF.

PLEASE PASS FOLLOWING MESSAGE TO CHARLES RUSSELL.

114

GODBER. POSITION IS THAT AFFIDAVITS FROM WITNESSESS ARE BEING

PREPARED AND WE HOPE TO HAVE THESE WITH YOU BY 11TH. WE WOULD

APPRECIATE ADVICE FROM MR NELIGAN ON FOLLOWING.

UNDER THE PREVENTION OF CORRUPTION ORDINANCE, SECTION 12,

EVIDENCE MAY BE ADMITTED AND TAKEN INTO CONSIDERATION BY THE COURT,

CONCERNING THE ACCUSED'S ASSETS. SECTION READS AS FOLLOWS:

QUOTE 12. IN ANY TRIAL OR INQUIRY BY MAGISTRATE OR A COURT.

IN RESPECT OF AN OFFENCE AGAINST THIS ORDINANCE IT MAY BE PROVED

AND TAKEN INTO CONSIDERATION BY SUCH MAGISTRATE OR COURT THAT

AN ACCUSED PERSON

(A) IS IN POSSESSION OR HAS DISPOSED OF PECUNIARY RESOURCES

OR PROPERTY DISPROPORTIONATE TO HIS KNOWN SOURCES OF INCOME

FOR WHICH HE CANNOT SATISFACTORILY ACCOUNT: OR

(B) HAS AT OR ABOUT THE TIME OF AN ALLEGED OFFENCE OBTAINED AN ACCRETION TO HIS PECUNIARY RESOURSES OR PROPERTY FOR

WHICH HE CANNOT SATISFACTORILY ACCOUNT UNQUOTE.

THIS SECTION HAS BEEN INTERPRETED HERE BY THE SUPREME COURT

APPELLANT JURISDICTION TO THE CASE OF PRITCHARD, 1965 H. K. L. R.

479, WHERE NUGGINS, J. SAYS:

QUOTE..... COUNSEL SUBMITTED THAT THIS PROVISION OUGHT TO BE

CONSTRUED NARROWLY SINCE IT DEPARTED SO FAR FROM THE ACCEPTED RULES

OF EVIDENCE. THUS, BE SAID, THERE MUST BE SOME APPARENT CONNECTION BETWEEN ANY EVIDENCE ADDUCED UNDER SECTION 12 AND THE CHARGE LAID, SO THAT A BANK ACCOUNT COULD BE ADMITTED ONLY WHERE THE FIGURE

POINTED TO THE DEFENDANT'S HAVING COMMITTED THE PARTICULAR OFFENCE

AND NOT MERELY TO THE POSSIBILITY THAT HE HAD COMMITTED OFFENCES

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/IN CENERAL