CONFIDENTIAL
(ii) The removal of the clause would be regarded by
Unofficial Members of the Executive and Legislative
Councils and the public generally as an unreasonable
refusal to allow Hong Kong effectively and comprehensively to deal with the problem of corruption. It is the opinion of successive Commissioners of Police in Hong Kong
that little progress against corruption can be made
without Clause 10 which is considered to be the heart
of the Bill.
(iii) The clause is in substance based on the considered
advice of the Hong Kong Advisory Committee on Corruption
who have repeatedly expressed dissatisfaction at the
extent to which their advice has been ignored and this
matter delayed.
(iv)
The clause may well not be used very frequently but it is
an essential ingredient of the legislation, not only because it is a strong deterrent (fear of being found
out is the main deterrent to corruption and since bribery
is normally a two-way exchange of benefits the law otherwise will not be a strong deterrent); but also
because it is evidence of a determination to tackle
corruption vigorously. The Governor has stated that
cases exist now which could be proceeded with if the
provisions of the clause were in force but on which no progress is possible without them.
(v) The excision of the clause after its publication and
acceptance by representative bodies in Hong Kong will be
seen to have been done at HMG's insistence and public
servants and the public will draw the conclusion that
HMG do not regard corruption as a particularly serious matter and that it can be indulged in with comparative impunity. (This point arises only because the Bill was
originally published in Hong Kong without prior reference to the FCO).
CONFIDENTIAL
/ 9.