CONFIDENTIAL
10
Mr Youde
PS/Mr Blaker
Mr Alevent
HKK 14/8
för Flr Blaker was not Адже
able to give this his
HONG KONG
attention
PREVENTION OF BRIBERY ORDINANCE:
1114
Flag
1.
2339 652)
Flae B
ε/60
Flag
AKK 14/17
(1973)
We now have the draft Bill to give effect to the changes in
the Prevention of Bribery Ordinance recommended by the Blair-Kerr
Commission. The Bill has been agreed by Executive Council and
published. It was introduced into Legislative Council on
30 January.
2.
The recommendations of the Blair-Kerr Report were
extensively discussed with Mr Royle last year.
I attach a copy
the summary which we submitted then, describing the recommenda-
tions and our responses to them. The new Bill is generally in
accordance with what we had agreed.
3.
The only amendments which we have not previously considered
in principle are Section 14A to 10 dealing with restrictions on
dealing with the property of a person who is being investigated.
These clauses have been objected to since publication by the
Chairman of the Hong Kong Bar Association as being too draconian.
But if we agree to a provision for forfeiture after conviction,
then it is only prudent and logical to prevent the property being
disposed of while proceedings are pending.
4.
The crux of the matter is therefore still the extension of
Section 10 of the Prevention of Bribery Ordinance to include the
power to order the accused to explain property held not only by
himself but by his near relatives; and the forfeiture provisions
/under the
CONFIDENTIAL