CONFIDENTIAL
40
D
Following discussions with the Attorney-General, Hong Kong,
and also with the Governor himself, the Bill has been amended in a
number of respects to take account of objections raised both
locally in Hong Kong and also by the Department and Legal Advisers ́
Legal Advisers have not yet completed their examination
of the Bill in its amended form but there is one clause in particular
(Clause 10) to which they strongly object.
in London.
5. Clause 10 makes the possession of unexplained property by any
public servant a criminal offence, although no prosecution can be
instituted without the consent in writing of the Attorney-General
who is required before instituting proceedings to give any person
against whom prosecution is under consideration an opportunity of
making representations in writing. The text of Clause 10 is
attached.
6.
Legal Advisers feel strongly that the unexplained possessi on
of wealth should not be made a criminal offence but should be dealt
with under disciplinary regulations. Their objections to the
clause are also based on the following considerations :-
(a) Although under Clause 10 the prosecution would first have
to show that the accused had boun maintaining a high
standard of living or possessed property disproportionate
to his financial emoluments, the accused could then be
convicted if he remained silent, even although there
was no evidence cf his having committed any act of a
criminal nature.
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/ (b).