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Sir Leslie Monson
Sire Marson
The Wiffond
Hong Kong Dopli
Problém
CONFIDENTIAL
I agree
with
Acommendation but we must stress to Trench our Political Decision to defend Claus 10
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HONG KONG
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Prevention of Bribery Bill
A.R.
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The Governor wishes to introduce a Prevention of Bribery Bill
into the Hong Kong Legislative Council. In the opinion of Sir James
McPetrie, the Legal Adviser, one clause of the Bill violates the
principle that a man shall not be convicted of a criminal offence
unless a Court is satisfied beyond reasonable doubt that he has
committed the offence. The Governor, on the other hand, feels
strongly that the clause is essential if any headway is to be made
against corruption in Hong Kong.
Recommendation
2. I recommend that on political grounds the proposals of the
Governor should be accepted.
Background
3.
The clause in question (Clause 10) would import into the
criminal law a provision, based on the existing Hong Kong Civil
Service Disciplinary Code, under which it would be a criminal
offence for a public servant to maintain a standard of living not
commensurate with, or to possess property disproportionate to, his official emoluments. It would be for the prosecution to prove that the accused maintained such a disproportionate standard of
living or possessed such property: if this were done the burden
would be on the accused to show to the Court that he had a
satisfactory explanation of how he came to live beyond his official
means or came by so much property.
4.
In order to meet criticism in Hong Kong that the clause, if
not used with care, could constitute an objectionable intrusion into
the private affairs of public officers, a provision was added to the
effect that no prosecution could be instituted under this clause
Singapne
has a Premtion of Commption Ordinance but it does not contain any persion equivalent to Sution 10 of the Hong Kay Ordinance. £.??.9%
CONFIDENTIAL
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