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brief I am particularly concerned at
Clause 10. We have certain principles
according to which we regulate our
public affairs. One of these is that
a man shall not be convicted of a
criminal offence unless a Court is
satisfied beyond reasonable doubt that
he has committed an offence. This is
basic to our whole approach to the
criminal law and it is one that we have
insisted on in all overseas territories
for which we have been responsible.
principle is violated by Clause 10 of the
Bill for, although that Clause technically
creates an offence separate and distinct
from corruption, a person convicted under
that Clause would in reality be convicted
because the circumstances raise a
This
suspicion that he has been guilty of
corruption. I could not myself provide
any arguments to justify the retention of
the Clause."
"If Ministers were disposed to
accept the Bill as it stands, and in
particular Clause 10, they would be wise
whether
to ascertain/in the event of subsequent
criticism the Law Officers would feel
able to support them. I think it unlikely
that the Law Officers would feel able to
support Clause 10 at any rate."
On the other hand, there is no doubt
that the problem of corruption in Hong
Kong is a serious one and that draconian
measures are
which required to deal with it.
A
Circumstances in Hong Kong are vastly
different from thosƐ obtaining in this
country and it is problematical whether
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