CONFIDENTIAL
XCC(69)50
The Hong Kong Bar Association
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The Association (among the members of which there was a sharp division of views) expressed concern with regard to the require- ments in the bill for counsel and solicitors to reveal information in their possession with regard to their clients. This is considered in paragraph 13(g). The Association also drew attention to the provision regarding pardons, which is dealt with in paragraph 13(h).
The Hong Kong Law Society
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The Society pointed out that, under the definition of "public body" in the bill, a solicitor would be a public servant (since they are empowered to act under various Crdinances) which was not intended. As explained in paragraph 13(a), it is now proposed that solicitors should be excluded from the definition. The Society also objected to the inroads made by the bill into the privilege of a solicitor vis-a-vis his clients and to empowering the Folice to search solicitors' offices. The Law Society also urged that, in view of the wide powers envisaged under the bill, an advisory body with statutory powers should be set up to supervise their exercise.
Members of the Judiciary
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Members of the Judiciary suggested that clause 23 of the bill, regarding the withholding of the names and identities of informers, be deleted, leaving the court with the normal common law power to require disclosure only if this is essential in the interests of justice; it is pro- posed to delete this clause. Their comments on other clauses are dealt with in detail later in this memorandum.
The Hong Kong Chinese Civil Servants Association
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Whilst expressing support for measures to eradicate bribery, the Association felt that some limitation should be placed on the powers of investigation to prevent Hong Kong from becoming a 'Police state". Fear was expressed as to the dangers of officers being 'framed" and as to the possibility that efficiency and morale might be lowered,
The Association of European Civil Servants
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The Association felt that it was wrong to single out civil servants for special treatment. Although the definition of "agent" widens the application of the hill, inevitably its main provisions have been drafted with a view to stamping out corruption in the Public Service. The Association also questioned what would constitute "law- ful authority or reasonable excuse" and it is proposed, if the bill is enacted, that the Establishment Officer, in consultation with the Attorney General, should issue a guidance circular for the information of the service, giving instances of advantages which an officer might properly accept. The Attorney General would regard compliance with such a circular as constituting reasonable excuse. This would meet the comments of the District Commissioner, New Territories, to which reference is made in paragraph 11.
CONFIDENTIAL
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