Reference..
with (14)
Mr. Carter
We now have, at (10) and (14), Hong Kong's views on the remaining outstanding issues arising out of the Prevention of Bribery Bill (see copy of Bill in envelope behind (1)). The Governor has sent us these views in reply to the points that we raised in the enclosure to (3) and in (9). He has also sent us, with (14), copies of a further amended version of the Bill itself.
2.
Legal Advisers have seen (10) and have commented on it at (12); but they have not yet seen (14).
3. The overall position now is that we have agreed the terms of the draft Bill enclosed with (14) subject to certain points on which there is a clear difference of opinion between the Governor and ourselves and to certain other points which must remain in doubt until Legal Advisers have had an opportunity of studying them..
4. Outstanding Points on which there is a difference of opinion as between the Governor and ourselves.
Clause 10 :
the question whether this clause should be retained or not is the main bone of contention and the Governor has been told that any question of retaining the clause will need to be the subject of a submission to Ministers. A decision will be required as to what recommendation is to be put to Ministers. Legal Advisers have strong views about this clause, which are recorded at (12).
We
Sub-clauses 14(1)(a) and (c) : the Governor has declined to meet our objections to these sub-clauses and considers that they should remain as they are. shall require the views of Legal Advisers as to whether we should give way to the Governor on this
dans, js,
no
not acceptible point or deal with the matter in the
5.
same way as we are to deal with clause 10. Again, in the latter event a decision will be required on the recommendation to be put to Ministers.
Outstanding points still in doubt or in need of
clarification.
Clauses 3,4 and 12 have been amended to meet
our objections but in so doing Hong Kong have introduced a new clause 25 which they consider is necessary as a result of those amendments. Legal Advisers should be asked to say whether this matter has now been satisfactorily resolved and whether they see any objection to the new clause 25.
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