250
PRIORITY
CYPHER CAT A
FM FCC 121530Z
PE ØVED IN
REGISTRY Ne. 51
14 NOV 1973
HKK 14/12
པས་ུམ
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LAST
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ALF.
376
334
(HK)
CONFIDENTIAL
TO PRIORITY GOVERNOR HONG KONG TELNO 1148 OF 12 NOVEMBER.
YOUR TELEGRAM NO 1180: BLAIR-KERR REPORT.
1. THE POSITION REGARDING THE FUGITIVE OFFENDERS ACT REMAINS AS
EXPLAINED IN MY TELEGRAM NO 1831. THERE ARE CONSIDERABLE
DIFFICULTIES BUT THE QUESTION IS STILL UNDER EXAMINATION.
Take
2. AMENDMENT TO COLONIAL REGULATIONS (PARAS 5 7 OF YOUR TEL),
OUR SUGGESTED AMENDMENT WAS DRAFTED TO TAKE ACCOUNT OF THE SOUND
PRINCIPLE THAT A PERSON SHOULD NOT TWICE BE PUT IN DANGER OF
PUNISHMENT FOR THE SAME OFFENCE. WE AGREE THAT THERE IS A PROBLEM
OF DEFINITION, BUT THIS IS TRUE OF ANY POSSIBLE FORMULA. MOREOVER
NO AMENDMENT IS NECESSARY TO ENABLE YOU TO GET RID OF AN OFFICER
QUICKLY AND QUIETLY FROM THE PUBLIC SERVICE, DESPITE HIS ACQUITTAL
ON A TECHNICALITY, AS WE HAVE ALREADY SEEN IN THE CASE OF HUNT, REGULATION 59, WHICH IS NOT FORMALLY A PUNISHMENT, COULD BE USED
EVEN AFTER AN ACQUITTAL, IN ADDITION THE AMENDMENT YOU NOW PROPOSE
WOULD SEEM CERTAIN TO LEAD TO A PUBLIC OUTCRY ABOUT KANGAROO COURTS,
GIVEN THAT NO CHANGE IS ESSENTIAL, WE WOULD NOW, ON BALANCE,
PREFER TO LEAVE REGULATION 62 AS IT 18.
3. PREVENTION OF BRIBERY ORDINANCE (YOUR PARA 12). WIDENING THE
SCOPE OF SECTION 18 VILL UNDOUBTEDLY MAKE IT MORE DIFFICULT TO GET
AGREEMENT TO CHANGE THE FUGITIVE OFFENDERS ACT. NEVERTHELESS WE
ACCEPT THAT YOUR PROPOSAL IS NECESSARY IF THE PROVISION IS TO BE
EFFECTIVE, WE THEREFORE AGREE IN GENERAL, BUT FOR GRAMMATICAL REASONS, AND TO REFLECT BLAIR-KERR'S REFERENCE TO NEAR RELATIVES WOULD PREFER THE MIDDLE SECTION TO READ ...BE PRESUMED TO BE OR
TO HAVE BEEN IN CONTROL OF ANY PECUNIARY RESOURCES OR PROPERTY
HELD BY ANY PERSON WHO, HAVING REGARD TO THE CLOSENESS OF HIS
RELATIONSHIP TO THE ACCUSED AND TO ANY OTHER CIRCUMSTANCES, THERE IS
REASON TO BELIEVE IS OR HAS BEEN HOLDING SUCH RESOURCES OR PROPERTY
IN TRUST FOR OR OTHERWISE ON BEHALF OF THE ACCUSED OR HAS
>
/ ACQUIRED
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INTIAL
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