For discussion

on 9th October 1973

SECRET

XCS(73)10 Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

SECOND REPORT OF THE PLAIR-KERR COMMISSION OF INQUIRY

243

Honourable Members will recall that on 13th June 1973 the Governor in Council appointed Sir Alastair Blair-Kerr as Commissioner to inquire into certain matters and to:

2

"(a) Report on the circumstances in which a person whose

prosecution under the Prevention of Bribery Ordinance was at an advanced stage of consideration was able to leave Hong Kong.

(b) In the light of experience of the working of the Prevention

of Bribery Ordinance, and having regard also to the need to preserve basic human rights under the law:

(i) report on the effectiveness of the Prevention of Bribery Ordinance and suggest amendments;

(ii) suggest any other changes in current arrangements

considered necessary.

Three weeks was given for the completion of the Commission of Inquiry report relating to (a) above, and the balance of a period of three months to complete the report on the remaining term of reference. Honourable Members will recall that the first report was submitted to the Governor on 3rd July and, after consideration by Honourable Members, the recommendations were accepted and have since been largely implemented.

3

The second report has now been submitted to the Governor; members of Council have already received a copy of it, together with a volume of annexures. A series of enclosures which accompanied Sir Alastair Blair Kerr's letter to the Colonial Secretary dated 1st September 1973, forwarding a copy of the report, will be available when Council meets.

4

The conclusions and recommendations of the report are summarised in paragraph 241. The Commissioner's views fall into four categories:

(a) proposals to strengthen the Prevention of Bribery Ordinance;

new in thisi in

Nothing new

any case

now overtaken

by Hong Kong Telegram

SECRET

No. 1178

ра рык

1610

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