(3002) Dmd. 145244 400M 10/73 L.Ltd. 839/1
NOTHING TO BE WRITTEN IN THIS MARGIN
Registry
No. HKK 14/3
SECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential.
Restricted.
Unclassified.
PRIVACY MARKING
In Confidence
DRAFT SUMMARY
Type 1 +
FROM
To:-
Telephone No. Ext.
Department
16/04/11
with an ammding Godmanic shacho
ková't year
Blair-Kerr
FCO
Blair-Kerr
SUMMARY OF BLAIR-KERR RECOMMENDATIONS AND FCO COMMENTS
HONG KONG PREVENTION OF BRIBERY ORDINANCE
A copy of the 1970 Ordinance is attached.
Recommended amendment of Section 10 to provide that
an accused person could be convicted for failing to
provide adequate explanations of property held not
only by himself but also by his near relatives,
mistress etc.
Given that there were already difficulties about
Section 10 of the Ordinance in so far as it lays the
burden of proof on the accused, the extension of this
burden to cover the property of others would stretch
the burden further. After some discussion regarding
the closeness of the relationship the following
wording was agreed:
having regard to the closeness of his
relationship to the accused and to other
circumstances, there is reason to believe that
any person was holding pecuniary resources or
property in trust for or otherwise on behalf
of the accused...."
Section 12 recommended that the maximum penalty for
1
CONFIDENTIAL
/an