GPS 300
PRIORITY
CYPHER/CAT A
FM HONG KONG 1509082
CONFIDENTIAL
RECEIVED IN
SWFIDENTIAL
REGISTRY No.52
15 FEB1974
1-xx 14/8
TOP COPY
TO PRIORITY F C O TELNO 218 OF 15TH FEBRUARY, 1974.
YOUR TEL NO 172: PREVENTION OF BRIBERY ORDINANCE!
LABT
REF.
NEXT
REF.
13
1. NEW SECTION 12(3). THE NEW SECTION 12(3) MADE PART OF SECTION 12(4) UNNECESSARY AND THE WORDS ''MAY RELATE TO ANY PECUNIARY RESOURCES OR PROPERTY HELD BY ANY PERSON IN TRUST FOR OR OTHERWISE
ON BEHALF OF THE CONVICTED PERSON AND WERE OMITTED.
WE DECIDED TO RETAIN THE PROVISION ABOUT ENFORCEMENT OF ORDERS UNDER SECTION 12(3).
2.
YOU ARE CORRECT WHEN YOU SAY THAT THE NEW SECTION 12(3) PERMITS CONFISCATION OF THE VALUE OF PROPERTY IN THE POSSESSION OF THIRD PARTIES. I ALSO CONFIRM THAT A CONFISCATION ORDER WOULD BE ENFORCEABLE ONLY AGAINST THE CONVICTED PERSON, BUT SINCE AN ORDER IS ENFORCEABLE AS A JUDGMENT OF THE SUPREME COURT IT COULD BE THAT PROPERTY ACTUALLY BELONGING TO THE CONVICTED PERSON (THOUGH IN THE HANDS OF A THIRD PARTY) COULD BE TAKEN IN EXECUTION
IN THE NORMAL WAY.
3.
YOUR PARAGRAPH 3. WE FULLY ACCEPT THE POSSIBLE
PRACTICAL DIFFICULTIES IN ENFORCING A CONFISCATION ORDER AND THAT PROPERTY WHICH (THOUGH THE ILL-GOTTON GAINS OF A CONVICTED PERSON) HAS PASSED TO A THIRD PARTY COULD NOT BE TOUCHED.
4. FROM THE FOREGOING IT APPEARS THAT WE ARE AGREED AT OFFICIAL LEVEL. THIS IS A RELIEF AS WE HAD NOT UNDERSTOOD THAT IN THE ABSENCE OF FURTHER COMMENTS FROM YOU THE BILL WAS TO BE HELD UP AT THE COMMITTEE STAGE PENDING SUBMISSION TO MR. BLAKER, AND IN FACT THE BILL AS AMENDED WENT THROUGH COMMITTEE STAGE AND WAS PASSED ON 13 FEBRUARY. TO HAVE HELD UP THE TRANSFER OF POWERS TO THE NEW COMMISSIONER AGAINST CORRUPTION FOR A FURTHER 2 WEEKS WOULD
HAVE BEEN MOST UNDESIRABLE,
THE POSITION CLEAR TO YOU.
MACLEHOSE
BUT I AM SORRY IF WE FAILED TO MAKE
FILES
HKIOD
PS
PS/R BLAKER PS/PUS
CONFIDENTIAL