TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 19

HKK 14/8

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Mr. Rushford

As I read Section 4(5) of Vol. II of Diplomatic Service Procedure it stresses that the Law Officers should be consulted before the Government makes a critical decision involving legal considerations; and as an example, it refers to papers being submitted to the Cabinet or a Cabinet Committee. Papers are submitted to the Cabinet or Cabinet Committees for a final decision whereas what has been proposed in this case is that Ministers should be asked to say how far they would like to go in accommodating the Hong Kong Government subject to the Law Officers being prepared to support them.

2. It is a matter of tactics whether there should be a Submission to the Law Officers before the matter is put to Ministers. It seems to me quite possible that if the Submission goes first to the Law Officers, the answer will be that they would not be prepared to support the majority of the Hong Kong proposals a decision which you and I would welcome. But, if the Law Officers were aware that Ministers desired to assist the Hong Kong Government by agreeing to certain of these proposals, the chances of obtaining the Law Officers' support, it seems to me, would be greater.

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(Sir Arthur Grattan-Bellew)

12 May, 1970

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