(HKK.14/38)
Hong Kong Department
37
21 August, 1970
At our discussion with Sir Arthur Grattan-Bellew on 19 August about the Prevention of Corruption Bill, you asked if you could be given a summary of the points raised by Sir James McPetrie in relation to Clause 3 of the Bill. The latter has raised no objection to your request and I am accordingly sending you this synopsis.
The scope of Clause 3 is such that, irrespective of the innocence of one's motives one commits a crime, if without permission of the Governor, one does various acts which are no more than ordinary incidents of everyday life, For example:-
(a) A Civil Servant who applies for a post in
commercial or banking could be regarded as soliciting an advantage (see Clause 2(1)(b).
(b) An Unofficial Member of the Legislative
Council who asks his bank for an over- draft would be in the same position since the definition of "advantage" includes "loan"
(c) A member of the Urban Council who
accepts an invitation to dinner might be in the same danger since a dinner is a "description of entertainment" (see Clause 2(1)(d)).
(a) A public officer who runs a monthly
bill at the grocers or obtains a discount on the purchase of a new car might be in difficulties since both credit and discount would seem to be a favour or benefit under Clause 2(1)(a).
The above are no more than examples. You will recall that at our discussion on 19 August we came to the conclusion that Clause 3 would be acceptable provided that the general permission of the Governor to be issued under it could be
D.T.E. Roberts, Esq.,C.B.E., Q.C.,
High Point,
Beaucroft Lane,
Colchill,
Wimborne,
Dorset
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