W(B)L 51-7406
NOTHING TO BE WRITTEN IN THIS MARGIN
-10-
Hong Kong, is unable to state specifically
whether those professional bodies are or are
not still opposed to it, although he thinks
it unlikely that they would in fact object.
Conclusion
20 The present position is that:-
(a) Certain amendments to the Bill
(which are not mentioned in this
submission) have been agreed with
the Attorney-General, Hong Kong.
(b) A decision is required on
(i) Whether Clause 10 should be
retained or whether we should insist
on its exclusion and put to the
Governor the alternative suggestion
in paragraph 15 above (although this
is most unlikely to meet the Governor's
requirements).
(ii) Whether we should ask the
Governor to amend Clause 15 in
accordance with the suggestion in
paragraph 18 above.
Clause 10
Legal Advisers have pointed out that
the provisions of this Clause depart from
certain principles which are, in this
country, basic to our whole approach to
the criminal law. They have commented as
follows:
"Since H.M.G. have ultimate responsibility
for what happens in Hong Kong the basic
question for Ministers, it seems to me,
is not whether acceptance or rejection
of the Bill would attract more criticism
but whether acceptance of the Bill as
it stands would be right. While I agree
with all the legal criticisms in the