M. Paind
26
Sir Leslie Monson
2.
Hong Kong Prevention of Bribery Bill
Please refer to your minute to Mr. Laird of 14 July.
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I am doubtful of item (3), and consequently item (4), in your list of consequences to be expected if the Secretary of State rejects the Governor's
Otherwise the balance proposal that the Bill should be approved as it stands.
sheet seems to me to be a fair assessment. But the balance sheet method is not the only, nor I suggest necessarily the correct, way of reaching a conclusion in this case for it tends to put the issue in the form of the question "Which course is likely to evoke the more damaging criticism?" 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 We have criticisms in the brief I am particularly concerned at clause 10.
One certain principles according to which we regulate our public affairs. 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 the 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. This 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 suspicion that he has been guilty of corruption. I could not myself provide any arguments to justify the retention of the clause. The justification suggested by the Governor and quoted in paragraph 13 of the draft submission is, I fear, little more than
oratory.
3. As regards paragraph 6(b) of your minute, if Ministers were disposed to accept the Bill as it stands, and in particular clause 10, they would be wise to ascertain whether, 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 general grounds, too, Ministers might like to know whether the Law Officers share the misgivings
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