CONFIDENTIAL
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Ordinance which, if adapted for this purpose, would presumably
require prima facie evidence that the property etc originally
came from the accused. This would make it less difficult for
us to accept, provided the relationship was closely defined,
but it is just such evidence that Hong Kong are unable to obtain
in most cases.
Blair-Kerr 16. Section 12. Recommends that the maximum penalty for an
offence under Section 10 should be increased to a level not less
than for offences under Sections 5 and 6. Agreed with the
Governor's proposals that the present maximum penalty provided
for Sections 5 and 6 should be applied to all sections (except
Section 3) ie HK$100,000 and 10 years, with the added comment
that the problem seems to be the difficulty of securing a
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conviction rather than inadequate penalties.
17. Recommends that upon a conviction under Section 10, the
court should be enabled to enact a forfeiture order in respect
of property etc, the control of which the accused has been unable
to explain satisfactorily.
18. Agreed subject to the proviso that it would be quite wrong
if Section 10 were extended to cover the property of others to
order forfeiture of property of those who were not a party to the
case.
Blair-Kerr 19.
C
Recommends amendment to Section 13 to empower the Attorney-
General to authorise the inspection and investigation of bank
and other accounts operated by Crown servants.
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✓ 20.
Agreed.
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/21. Recommends...