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the laws are not necessarily the same as in the UK. In the case
of the Dependent Territories it is possible (though the Home
Office are doubtful of this) that a change might be made by Order-
in-Council, without a need for new legislation.
7.
On the other hand, to change the rule would mean
returning people for trial for what we do not in this country
regard as crimes. Moreover, the only substantial Dependent
Territory law to which the rule at present applies, is Section 10
of the Hong Kong Prevention of Bribery Ordinance. This provision
is necessary in Hong Kong because of the difficulty of getting
evidence of actual bribery. But it does involve a partial breach
of the fundamental principle of the English law - that it is the
duty of the prosecution to prove its case. It is thus peculiarly
difficult to defend in Parliament.
8*
After discussion with other departments in Whitehall
it was considered that, if any change was made, it should apply to
Hong Kong alone, because the Hong Kong legislature is more
clearly subordinate to the UK than is the case in other Dependent
Territories. It was also concluded that the balance of argument
was against a change in the present rule.
9.
The Governor has asked whether, before this decision
is announced, it could, in present circumstances, be reviewed.
His reasons are that objections based on English principles and
practice, however valid, will not be understood in Hong Kong; and
that failure to amend the law will detract from his Government's
Sir Murray considers that, from the Hong Kong point
of view, it would be better for HMG to be seen to have made an
attempt to change the law, even if the attempt fails.
credibility.
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/Conclusion