TNAG-0551-FCO40-646-Allegations-of-corruption-and-bribery-in-Hong-Kong-police-an-1975 — Page 71

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EDITORIAL

H.K.L.J. (1975)

surrounding circumstances. It is respectfully submitted that this discretion cannot lawfully be exercised to grant immunity to any person in respect of all of the unknown or undiscovered crimes he may have committed in the past or which he may be tempted to commit in the future. A blind and blanket immunity from prosecution is surely the sole prerogative of the Sovereign. But even if there is some lawful power, vested in certain servants of the Crown, to grant immunity to "viperous vermin," "desperate" or "craven" villains," this power must surely be exercised in a manner which is lawful. According to the case of Kellett,12 improper persuasion to get a potential witness to change the evidence he would otherwise have given is unlawful. If

had not been offered the very generous terms which he eventually obtained from the Attorney General, it is fairly clear that he would not have retracted his sworn and other denials of being involved in any corrupt activities.

and

The third criticism is, in our view, justified by the non- disclosure, or late disclosure, of important facts and the inclusion of inaccurate and misleading statements in letters to Godber's lawyers in response to specific requests about "deals” made with

the unexplained tactics adopted in the Central Magistracy, the fairly rigid adherence to the uninformative procedure of the District Court, and the "harassment" of Mr Scrivener over his potential liability to the Hong Kong Government in respect of tax at a time when he was preparing his final submissions on behalf of his client. The action of the Commissioner for Inland Revenue may have been strictly within his legal powers, but its timing was, in our view, unfortunate, having regard to the stage of the trial and the exceptional treatment given to

One wonders whether

this action, which is one of many weapons in the formidable array of artillery which the Hong Kong Government can bring up in its war against corruption, inspired Mr Scrivener to ask the trial judge not to hold against his client anything said in his vigorous criticism of the conduct of this prosecution. It is to be hoped that this criticism of the local legal system will receive the most careful consideration in the right quarters and that local gunners will be given further training and

"Adjectives used by Coke, Third Institute (1644), Hale, Peas of the Crown (1650) and in Turner, The Times, March 24, 1975, to register the distaste of judges, lawyers and members of the public for those who "turn Queen's cvidence."

11 [1974] Crim.L.R. 552.

"See Editorial in (1971) 1 H.K.L.J. 117-8.

VOL. 5, NO.2

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21 Turner, noto 11, supr "Cap. 210, L.I.K. 197