26)
OCMIAN 8353
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
251600Z NOV
GRS 198
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1865
OF 25160OZ NOVEMBER 85
CONFIDENTIAL
TOP COPY
8353 1
-
30
(ल
MICIC 3822
RECEIVED IN REGISTRY
2 6 NOV 1985
DESK OFFICER INDEX
REGISTRY
PA
Action Taken
YOUR TELNO 2497: PREVENTION OF BRIBERY (AMENDMENT) BILL 1985
1.
THANK YOU FOR THE AMENDMENTS PROPOSED IN PARA 1 OF TUR
WHICH WE HAVE DISCUSSED WITH LEGAL ADVISERS. WE ASSUME THAT THE
NEW SUBSECTION (8) IN TUR WOULD FOLLOW PROPOSED SUBSECTIONS (3A)
AND (3B) IN DRAFT BILL ATTACHED TO PIERCE'S LETTER OF 18
SEPTEMBER, THAT THESE SUBSECTIONS WOULD BECOME SUBSECTIONS (6)
AND (7), AND THAT SUBSECTION (3C) WOULD BECOME SUBSECTION (9).
2.
WE NOTE THAT YOUR PROPOSED AMENDMENT IN TUR IS NARROWER
THAN THAT RECOMMENDED BY HODGSON ('PROFITS OF CRIME AND THEIR
RECOVERY', PAGE 126), INASMUCH AS THE TWO CONDITIONS ARE
CUMULATIVE, BEING JOINED BY 'AND' RATHER THAN 'OR'. MIGHT NOT
THE SECOND CONDITION BE RATHER HARSH UPON A THIRD PARTY WHO COULD
SHOW THAT HE HAD PURCHASED THE ASSET IN GOOD FAITH? WE ALSO
WONDER IF THE NEW SUBSECTION (8) MIGHT NOT LIMIT THE GENERALITY
OF THE FORMER SUBSECTION (3B)(A)?
3.
WE SHOULD BE GRATEFUL FOR YOUR VIEWS ON THESE TWO POINTS.
YOU WILL WISH TO BEAR IN MIND THAT WE SHALL THEN NEED TO SUBMIT
TO MINISTERS BEFORE YOU CONSULT EXCO ON THE DRAFT BILL.
HOWE
MINIMAL
HKD
COPIES TO:
MR. WOOD
LEGAL ADVs
1
CONFIDENTIAL