CYPHER/CAT A
PRIORITY HONG KONG
TELEGRAM NUMBER 543
CONFIDENTIAL
TO FOREIGN AND COMMONWEALTH OFFICE
18 AUGUST 1970
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CONFIDENTIAL.
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MY SAVINGRAM 314 OF 9TH MARCH 1973: PREVENTION OF BRIBERY BILL.
ACTING ATTORNEY GENERAL REPORTS HE HAS RECEIVED A LETTER FROM
ROBERTS TO THE EFFECT THAT HE HAS DISCUSSED THE BILL AT LENGTH
WITH SIR JAMES MCPETRIE, WHO SAYS THAT CLAUSE 10 REMAINS UN-
ACCEPTABLE TO HIM: AND THAT, IF IT IS STILL DESIRED TO PROCEED
WITH THE BILL, IT IS SIR JAMES' OPINION THAT THE CLAUSE WILL HAVE
TO GO TO U.K. LAW OFFICERS AND TO MINISTERS, BY WHOM IT WOULD NOT
BE APPROVED SEMICOLON AND THAT, IN ANY EVENT, WE WOULD GET NO ANSWER
THIS YEAR. IF HOWEVER THE CLAUSE IS DROPPED, ROBERTS THOUGHT THAT
WITH OTHER MINOR ALTERATIONS THE BILL WAS LIKELY TO BE ACCEPTABLE.
2. IF THIS IS THE POSITION, I MUST EXPRESS GRAVE CONCERN AND DIS-
APPOINTMENT. I HAVE BEEN TRYING SINCE 1964 TO INTRODUCE CHANGES
IN THE LAW AND IN DISCIPLINARY REGULATIONS WHICH WOULD HAVE THE
EFFECT OF GIVING ME A REAL CHANCE TO ATTACK THE CORRUPTION WHICH
UNDOUBTEDLY EXISTS HERE AT LOWER LEVELS IN THE PUBLIC SERVICE. SO
FAR I HAVE STILL BEEN UNABLE TO MAKE ANY USEFUL PROGRESS DUE TO
THE OBJECTIONS WHICH HAVE BEEN RAISED IN THE U.K. TO THE MEASURES
I HAVE PROPOSED: OBJECTIONS WHICH ARE NOT SUPPORTED BY MY OWN
LEGAL ADVISERS SEMICOLON HAVE NOT BEEN VOICED BY THE LEGAL PROFESSION
HERE SEMICOLON AND ARE NOT SHARED BY THE HONG KONG PUBLIC, WHO
INDEED CONSTANTLY PRESS FOR DRACONIAN MEASURES. FURTHERMORE, THE
PRESENT POSITION SEEMS TO BE THAT THERE IS LIKELY TO BE AN
INDEFINITE FURTHER DELAY BEFORE I AM LIKELY EVEN TO BE GIVEN A
FORMAL DECISION IN THE MATTER OF CLAUSE 10 SEMICOLON FOR I REGRET
I AM NOT PREPARED TO DEFER TO INFORMAL OPINIONS FROM YOUR LEGAL
ADVISERS IN THIS IMPORTANT AND URGENT MATTER, AND I AM NOT WILLING
TO DROP CLAUSE 10 WITHOUT DEFINITE INSTRUCTIONS TO DO SO. 13. I WOULD
CONFIDENTIAL