Top court asked to rule on self-incriminating evidence
Suspect in ICAC probe asks top court to declare unconstitutional investigators' power to compel the furnishing of self-incriminating information
A suspect under investigation by graft-busters has asked judges to rule whether a person must legally provide information that could incriminate himself.
The Court of Final Appeal yesterday began hearing the litigant's appeal against the refusal of a lower court to set aside a request for information by the Independent Commission Against Corruption.
The person, identified only as "A" owing to sensitivity of the case, is challenging two sections of the Prevention of Bribery Ordinance on the grounds that a person should not be required to provide information that would lead to self-incrimination.
The appellant calls this a fundamental right under common law He also claims the law grants the graft-buster excessive and disproportionate power and should be struck down as unconstitutional.
Under challenge are Sections 14 and 20 of the Prevention of Bribery Ordinance.
Section 14 states that a court can authorise the ICAC to require a person suspected of bribery, or other persons familiar with the case, to provide information to assist the investigation. The person so required should or may have reasonable access to the information, which must be relevant to the investigation.
The person must list property belonging to him , his agents or trustees, or expenditure and liabilities incurred by him, his spouse, parents or children in the three years before the request.
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