(d) A public officer (be he civil servant or unofficial member
of the Legislative or Executive Council) who runs a monthly
bill at the grocer's or obtains a discount on the purchase
of a new motor car, for both credit and discount would appear to be a favour or benefit of some description - clause 2(1)(a).
I do not know whether the Hong Kong authorities have really thought the matter
through, but I expect they have it in mind that the Governor will under clause 3
give permission in all appropriate cases and presumably this will be a general
permission. If that be so, I think they will find that at any rate in the case of some kinds of "advantage" (loans would be an example) the only way of
distinguishing between an "advantage" which it is permissible for a public
servant to accept and one which it is not is by reference to his motive in
accepting it. This would illustrate my point that clause 3 is wrong in imposing an absolute criminal liability, i.e. a liability arising irrespective of improper motive. If my criticism is accepted as valid, this would involve not
the amendment but the deletion of clause 3 since the acceptance of an "advantage" for an improper motive is already covered by clause 4(2).
8. I am sending copies of this minute to Mr. Rushford and Sir Arthur
Grattan-Bellew.
I should be grateful if Sir Arthur, in addition to considering
the points I have referred to in paragraphs 4 and 6 above, would give the Bill a
further check to see whether any anomalies have crept into it as a result of the
piecemeal amendments that have been made to it to meet criticisms that have been
raised by this Office and others, such as the local Bar Association, whom the
Hong Kong Government has consulted.
P.S.
тенотенія
(J.C. McPetrie)
6 August, 1970
I do not think we can carry this matter any further by exchanging minutes;
but if you think it would be useful to have a meeting with the department
and legal advisers I should be glad to attend with Mr. Rushford or
Sir Arthur Grattan-Bellew. If we have a meeting I suggest that it be before Mr. Roberts' next visit, which is on 18 August.
4
JCMCP.