TNAG-0812-FCO40-1017-Allegations-of-bribery-and-corruption-in-Hong-Kong-1978 — Page 174

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copy for reler-IGE

AGC 3/400/65

Legal Department,

Central Government Cffices, Main Wing,

Hong Kong.

Mr. Thomas F.M. Tung,

P.0. Box 1296,

Church Station,

New York, NY10007, U.S.A.

19th March, 1976.

Dear Sir,

You asked four questions in your letter dated 4th March 1976 addressed to the Attorney General Mr. Hobley. I assume that your questions are hypothetical in view of the previous correspondence you have conducted with these Chambers. The answers are as follows:

BAS/PC

(1) A judge should disqualify himself from

trying a case where he has had previous contact with any of the parties to the proceedings.

(2) It is illegal for any witness to demand

money from any party to any court proceedings other than properly claimable witness's expenses under the rules of court.

(3) It would be improper for a judge to suggest

in a criminal case that the defendant should speak to the witness while that witness was in the course of giving evidence before the court.

(4)

DIWARI

It would be a ground for appeal for“ a ̈ defendant against conviction if he was not afforded the opportunity of putting his defence before the court.

I trust the foregoing answers your questions.

Yours faithfully,

BAAerato

(B.A. Sceats)

Assistant to the Law Officers