NOTHING TO BE WRITTEN IN THIS MARGIN
HKK.
Registry 14/3.
No.
SECURITY CLASSIFICATION
*Top Secret.
-Secret.~*
Confidential,
stricted. Unclassified
PRIVACY MARKING
..In Confidence
DRAFT
To:-
SUBMISSION
M Walford
Sir Leslie Monson.
Type 1 +
From
AW Cammara
Telephone No. & Ext.
HONG KONG
PREVENTION OF BRIBERY BILL
Department
Si James
Mc Petre
The clause in quasin
Problem
The Governor wishes to introduce a Prevention
of Bribery Bill into the Hong Kong Legislatiye Council.
In the opinion Jr, the Dement Legal
soon as possible. A draft Bill has been under
Advise one clause of the Bill violates the
consideration in both Hong Kong and London for a
principle What a man shall not be convicted
year and although many amendments have been made
of a criminal offence under a Caul is
Camí
to it over the months it has not been possible to
Satisfied beyond Measonable doubt that he has
Reconcile the views of the Governor on the one hand
Committed the offence. The Govern, on the
and the Department's Legal Advisers on the other on
other hand feels clingly what the clown one most important clause (clause 10).
if any headway is
headway in bi be mere agenct commption in Hong Kong.
ü
essentiel Recommendation
2.
I recommend that on political grounds the
proposals of the Governor should be accepted.
Background
3.
(Clause 10)would import into the Criminal Zaw
Hong Kong ng/
a provision, based on the existing/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
/2....
(134392) Dd. 737115 750m 4/70 Hw.