CONFIDENTIAL
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YOUR TELNO 1865. PREVENTION OF BRIBERY (AMENDMENT) BILL 1985
1865.
1. WE BELIEVE THERE ARE DIFFERENCES IN PRINCIPLE BETWEEN A CONFISCATION ORDER ARISING OUT OF A SECTION 10 CASE, AND ONE ARISING FROM A DRUG TRAFFICKING OR SIMILAR CASE ENVISAGED BY THE HODGSON COMMITTEE, WHICH DIFFERENCES WOULD JUSTIFY A MORE STRINGENT CONFISCATION PROVISION. IN THE FORMER CASE THERE IS A CONVICTION BASED ON A DETAILED EXAMINATION OF THE ASSETS IN QUESTION AND THE IR CONTROL, AND FURTHER BASED ON THE LACK OF A SATISFACTORY EXPLANATION TO WHICH A 3RD PARTY COULD HAVE CONTRIBUTED. IN THE LATTER CASE THE ASSETS AND CONTROL OR OTHERWISE BY A 3RD PARTY MAY NEVER HAVE BEEN IN ISSUE, AND THE CHANCES OF INNOCENT 3RD PARTY PURCHASERS ARE MUCH HIGHER. WE ARE NOT ANXIOUS TO SEE THE TRIAL
ISSUES COMPLETELY REOPENED.
2. IN ANY EVENT IF A CONVICTED HUSBAND HAS PAID CORRUPT MONEYS INTO A JOINT BANK ACCOUNT WHICH MONEYS ARE INNOCENTLY USED BY THE WIFE FOR PURCHASE OF AN APARTMENT IN HER NAME, THE WIFE HAS ACQUIRED THE PROPERTY BONA FIDE AND FOR VALUE YET THE PROPERTY HAS BEEN FOUND TO BE IN THE CONTROL OF THE HUSBAND THROUGH CORRUPTION AND, IN OUR VIEW, SHOULD BE CONFISCATABLE UNLESS THERE ARE OTHER CIRCUMSTANCES WHICH WOULD MAKE CONFISCATION UNJUST.
3. IF THESE ARGUMENTS ARE UNACCEPTABLE THEN WE WOULD (RELUCTANTLY) PROPOSE THAT SUBSECTION (8) PROVIDE THAT AN ORDER SHOULD NOT BE MADE IF THE THIRD PARTY HAD ACQUIRED THE PROPERTY IN GOOD FAITH FOR FULL VALUE OR, IF FOR LESS THAN FULL VALUE, HAD SUBSEQUENTLY SO ACTED ETC. THAT AN ORDER IN THE CIRCUMSTANCES WOULD BE UNJUST.
4. WE WOULD, IN ANY EVENT, AGREE TO PREFACE SUBSECTION (8) BY STATING WITHOUT PREJUDICE TO THE GENERALITY OF THE COURT'S DISCRETION UNDER SUBSECTION (6)''.
5. WE ARE NOW VERY ANXIOUS TO HAVE THE CLAUSE FINALIZED AND WOULD
APPRECIATE YOUR URGENT REPLY.
YOUDE
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HKK 382.12
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28 NOV 1985
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CONFIDENTIAL
COPIES TO:
MR WOOD, LEGAL ADV's
32,