CONFIDENTTAT.
9.
Another possibility would be to examine the list of dependent territory legislation to which the rule at present applies and agree upon a schedule of returnable offences. We have asked the Governors of the dependent territories to examine their laws and advise us on this. The list is not likely to be large, at least if the existing limitation to offences punishable with 12 months imprisonment is retained, as we believe it should be. This approach would, however, tend to highlight Section 10 of the Hong Kong Prevention of Bribery Ordinance, which the Law Officers would not welcome.
10.
Finally we might consider whether any special conditions should attach to service under the Crown, by which public servants should be made answerable for their acts in all British territories.
11.
I hope you may agree that our departments should meet together as soon as possible, perhaps with the help of someone from the Law Officers Department, to examine these possibilities with any others. In doing so it might be relevant to consider the situation in the Channel Islands, where there is in many ways a closer constitutional parallel with the dependent territories than in the independent Commonwealth countries. We should like to explore all possible options with you in the hope that we might be able to agree on a submission to Ministers for action to meet this problem in good time before the Prime Minister goes to Hong Kong in January. There is therefore
a certain urgency.
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sucraly Toman Wakan
(Duncan Watson)
CONFIDENTIAL