CONFIDENTIAL
16)
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HKK 14/3
Mr Youde
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PS/Lord Gor
Gorenwy-Roberts
beaut
Atate.
Анке
1/5
Private Secretary
imple
mä Stuart
PREVENTION OF BRIBERY ORDINANCES 72/5.
Problem
1.
Just before the General Election in the UK the Hong Kong
Government passed the Prevention of Bribery (Amendment) Ordinance
1974. The Ordinance gives substantial effect to the changes in the
law recommended by the Blair-Kerr Commission of Enquiry which was
set up as a result of the Godber affair. The Ordinance has now been
formally submitted for signification of non-disallowance.
2.
In accordance with the Letters Patent and Royal Instructions,
the laws of Hong Kong are subject to disallowance by Her Majesty on
the advice of the Secretary of State. It would be an unprecedented
step formally to disallow an Ordinance already passed by Hong Kong.
However it would be possible to ask the Governor to cancel or modify
the changes in the law effected by the Ordinance, by means of
further legislation. This has been done elsewhere in the past.
But given the publicity that has surrounded the Blair-Kerr report
and the importance of the anti-corruption question in Hong Kong, it
would be difficult to do this without substantial public controversy
in Hong Kong and the UK.
3.
To avoid our having to take exception to Hong Kong laws
after their enactment, we have instituted a procedure of prior
informal consultation. Hong Kong send us all important draft Bills
in advance. We do not normally interfere; but if a point arises
that is of particular importance to the UK, we are then able to
comment in time for any amendments to be incorporated in the Bill
CONFIDENTIAL
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