200027
C.S. 20A (Rev.)
SAVING DESPATCH
CONFIDENTIAL (14)
From the Governor, Hong Kong
To the Secretary of State for Foreign and Commonwealth Affairs
No.
314
Repeated to:-
Repeated to:-
No.
No..........
Date
9th March, 1970.
RECEIVED IN
My Reference..... CR 9/3231/68 III
Your Reference
REGISTRY.No.51
See on
thu w/B 14/2
Prevention of Bribery Bill 1970
НИК
Please refer to Carter's letter of 21st January to the Attorney General, Hong Kong, and to your telegram No. 121 of 2nd March.
2.
14/18
The Bill has been revised, in the light of your comments, and has been reprinted. Six copies are enclosed with this despatch.
3.
Clause 3 has been amended, a new subclause (2) has been. added to clause 4 and lower penalties have been provided in clause 12 for the offence under olause 3, on the lines suggested by Carter in his letter of 21st January.
4.
.
Clause 10. This clause has been retained in the Bill. The arguments for doing so are set out in my Saving Despatch No. 216 of 19th February.
5.
New clause 25. By reason of these amendments to clauses 3, 4 and 12, the Bill distinguishes between corruption connected with a public servant's duties (clause 4) and cases not so connected (clause 3). Consequently, the problem of the admissibility of evidence of actual corruption (foreseen in the discussions held between my Attorney General, Rushford and Sir Arthur Grattan-Bellew on 8th September last in respect of an accused who pleaded guilty to an offence under clause 3 as it then stood) is likely to be seriaus.”
6.
The prosecution will have to decide whether to bring a charge under clause 3 or clause 4. If there is evidence that the advantage related to the public servant's duties, clause 4 would be appropriate. In a prosecution under clause 3, evidence that the advantage related to the public servant's duties may well be ruled out as being irrelevant to a charge under clause 3 (whether the accused has pleaded guilty or not guilty).
7.
In a charge under clause 4, the prosecution will have to give particulars of what was to be induced by the advantage or what the advantage was a reward for (or run the risk of the charge being rejected for uncertainty). In corruption cases, evidence
LIVED IN
AMORY No. 51
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(11)
CONFIDENTIAL
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REF.