CONFIDENTIAL
着
(b)
(c)
If the burden of proof is to be placed on the accused
in this manner, he is entitled to know what he must
prove to secure his acquittal.
But the clause does
not state what test the court is to apply in deciding
whether en explanation is satisfactory.
It is questionable whether it would be right for a person
defending himself against a charge under Clause 10 to
be forced to admit the commission of some other criminal
offence.
7. The Governor foels that Clause 10 is an essential part of the
Bill both because it constitutes a valuable deterrent and because
its existence is evidence of a determination to tackle corruption
vigorously. He argues that corruption in Hong Kong is a considerable
problem, that severe measures are required to deal with it, that the
existing Public Service disciplinary provisions are inadequate and
cannot in any case be applied to public utilities, that the Clause
has been generally accepted by the public and that the Bill
containing it has been approved by the Executive Council.
8. It is against this background that this matter will be
considered by Ministers at the earliest opportunity: and the
points raised by the Governor will be taken fully into account in
roaching a conclusion.
9. The Governor has been told that the retention of Clause 10
will have to be considered by Ministers. Depending upon the
outcome of the Legal Advisers' examination of the amended Bill,
there may be other clauses, less fundamental, requiring
consideration at Ministerial level.
Hong Kong Department
April, 1970
CONFIDENTIAL