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CONFIDENTIAL
Registry
No. HKK 14/18
DRAFT SAVING DESPATCH
Type 1 +
From
SECURITY CLASSIFICATION
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XSXXXXX
Confidential.
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PRIVACY MARKING
In Confidence
To:-
The Governor,
Telephone No. & Ext.
HONG KONG.
Department
Your saving despatches Nos. 216 and 314.
Prevention of Bribery Bill, 1970
You will recall that this was one of the subjects which my predecessor discussed with you and your official advisers during his recent visit to Hong Kong. I and my colleagues have since given this matter anxious and careful thought, particularly having regard
to the circumstances obtaining in Hong Kong.
2.
I can well understand your anxiety that the Prevention of Bribery Bill, when enacted, should be an effective piece of legislation. I can equally appreciate that the particular circumstances of Hong Kong are such that stringent measures are necessary if corruption is to be effectively dealt with. It is in the light of this understanding, and in the know- ledge of the very considerable preparatory work that has been involved in the drafting of the Bill, that I and my advisers have examined the measures that it
contains.
3.
Special attention has been given to the issues raised by clause 10, since I know that you attach particular importance to the retention of this clause. I regret, however, that after very careful and pro- longed considerati on, and despite the arguments which you have advanced, I cannot for the following reasons agree to the retention of the clause in its present
form.
4. Under the provisions of the clause as it stands, the prosecution would need only to show that the accused had been maintaining a disproportionately high standard of living or possessed, or had possessed, property disproportionate to his financial emoluments. The accused could then be convicted if he remained
/ silent