CONFIDENTIAL
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C.
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(b)
(c)
the acceptance of the Clause in principle by two of
the three Civil Service Associations whose members
are directly concerned (see paras 8 9 of the EXCO paper at B).
This absence of criticism of the Clause shows the
acceptance by the Hong Kong public of the seriousness
of the situation and therefore of the need for more
drastic measures to cope with it than would be justified in a country where corruption was less rife.
6. I also discussed with Sir J. McPetrie the question whether
Ministers should be advised to refer Clause 10 to the Law Officers
before deciding on the reply to the Governor.
"Diplomatic Service
Procedure" (Extract attached) sets out categories of cases in
which "it might be appropriate" to consult the Law Officers (the
Bill could be regarded as falling into b(i) or d of this extract).
But I am doubtful what advantage would be served by reference in
this instance. The Law Officers would be bound to advise that
Clause 10 should be dropped from the Bill: the arguments against
that course are political. The Legal Advisers consider the point
one for decision by the political side of the Office. Sir J. McPetrie
told me at our last discussion that if Ministers decided that
political considerations outweighed those based on law, his view
was that the Law Officers Department should be told of Ministers'
decision but not invited to comment on it. I recommend that we
proceed in this way.
CONFIDENTIAL
Ливибрали
(L. Monson) 7 Sept. 1970
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