Sir D Watson
CONFIDENTIAL
19
PhoStuart
23/1
Din/wildy
A
Flag A
Flag B
20
HONG KONG:
PREVENTION OF BRIBERY ORDINANCE
PA
BD
25/1
1. You will wish to know that the Hong Kong Government are proposing to widen the scope of the Prevention of Bribery Ordinance by extending the definition of "public body" in Section 2(1)(f) to include, in addition to those already listed in the Schedule (page A 551 of the Ordinance) the bodies listed in para. 4 of the Executive Council memorandum XCC(74)94 of 17 December. It is also clear from para. 7 of the memorandum that the Hong Kong Government contemplate further additions to the list.
2. The effect of the change is to bring further bodies into the strict sections of the law relating to the bribery of public servants. However, there is a distinction between "public servants" and "Crown servants" to whom alone the controversial section 10 applies.
3.
Employees of the new bodies could still therefore not be required to explain their excessive wealth. Had it been otherwise, it would have been a substantial extension of a doubtful principle of the law which Ministers would have wished to consider. But as
it is, and given the current focus on corruption, I do not think we should object to the Hong Kong Government's proposal.
4. The Department's legal adviser agrees.
22 January 1975
CC
Mr Rushford
Mr Male o.r.
3
afree
we
ACSES
A C Stuart
Hong Kong & Indian Ocean Dept.
should not object to this. This is a substantial addition to the list of public bodies?
to raise any new voove of pinciple is compared with the bodies already Scluduled. There might, I in
but it does not
appear
reactia for the Universities
CONFIDENTIAL
асса
ague,
Pared in
іоне
about accederne ndependence,
Re some
Vanchiness
Wance Walon
23/1/75