Mr. Carter
Reference........ HKK 14/38
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Under our recently completed arrangement with the Governor we received in July a copy of the Executive Council Memorandum covering the submission of the Prevention of Bribery Bill. We also received a copy
of the Executive Council conclusions on the subject.
We have now received from the Governor a further copy
of the Executive Council Memorandum with a copy of the
Bill as published. The only differences between the draft Bill as submitted to Executive Council and the Bill as published are the omission of Clause 14(1)(e) from the original draft and the substitution in Clauses 13(1) and 16(1) of "Senior Inspector" for "Inspector".
(NB. I note that the published version of the Bill
contains the amendment in Clause 13(1) but not in Clause 16(1).)
2.
In forwarding the Bill to us the Governor has asked if Mr. Roberts (Attorney General, Hong Kong) who is now in this country on leave may be given an opportunity of discussing the Bill with our legal advisers. Mr. Roberts came to the Office on 13 August and, as you know, I provisionally arranged for him to see you about another matter on 8 September Meanwhile the legal advisers have had an opportunity of studying the Bill and their comments are contained in Sir Arthur Grattan-Bellew's minute of 20 August. They are aware that Mr. Roberts will be back in the Office on 8 September but I have not, as yet, made any firm appointment with them for discussions with Mr. Roberts on that date.
3. You will note that the Bill contains some fairly drastic provisions particularly in relation to the Public Services and the legal advisers have
I queried one or two very fundamental points. thought perhaps that since the Public Service was much involved the Ministry of Overseas Development might be interested but they (Mr. Walton) tell me that they are not concerned with public servants in relation to criminal law.
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4. You will note from paragraph 46 of the Executive Council Memorandum behind (2) that the Bill has been published in Hong Kong for general comment and that the views of the Hong Kong Public Service Staff
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