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Registry
No.
| SECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential.
Restricted.
Unclassified.
PRIVACY MARKING
Copy to
.In Confidence
M.G. de Winton ESS CBE, MC Law Offiion Dont
Law Counts
Strand WCZA
264
CONFIDENTIAL
DRAFT
To:-
Mi Charles Prior. Head of C 3 Division,
Home Office
London S W 1
Type 1 +
FUGITIVE OFFENDERS ACT 1967: HONG KONG
From
Mr Grows on
ACS
Telephone No. & Ext.
Department
HKIOD
The Hong Kong Government has for some time been concerned
about corruption in the public service of Hong Kong.
In 1970
the Hong Kong Legislature enacted a Prevention of Bribery
Ordinance, which among other things created a new offence of
possession of explained property.
2.
This offence is constituted by/section 10 of the Ordinance,
subsection (1) and (2) of which read as follows:-
"(1) Any person who, being of having been a Crown servant-
(a) maintains a standard of living above that which is
commensurate with his present or past official
emoluments; or
(b) is in control/of pecuniary resources or property
disproportionate to his present or past official
emoluments,
shall, unless he gives a satisfactory explanation to the
court as to how he was able to maintain such a standard of
living or how such pecuniary resources or property came
under his control, be guilty of an offence.
(2) No prosecution for an offence under subsection (1)
shall be instituted without the consent in writing of the
Attorney/General, who shall, before consenting to the
institution of a prosecution against a person for such an
offence, inform that person that a prosecution against him
for such an offence is under consideration and give him an
opportunity of making representations in writing to the
Attorney General."
(885363) Dd. 896639 1,000M 8/71 St.S.
CONFIDENTIAL