TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 25

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

Kong Government were anxious to have a anti-corruption

bill with teeth. What form did corruption take?

Mr. Sutcliffe said that officials were paid for not

doing their job energetically. For instance Labour

Inspectors were bribed not to visit a factory during

what should be a rest period, and similar things

happened with the police. They would obey orders and

clear up trouble if asked but the local people knew

that they could not keep up pressure, for instance on

gambling, for long periods.

15. Mr. Stewart said that officials in London had not

yet given him advice about the corruption bill but the

clause about officials declaring assets created

difficulties. Was he right in thinking that this was

an essential part of the bill? Sir David Trench said.

that it was. Corruption would never be completely

eradicated but this bill was an important step. It

already had had a deterrent effect.

Mr.

Wellbeloved

asked about the maximum penalties for having undisclosed

sources of wealth and whether the courts would impose

wowded be

them. Mr. Roberts pointed out that the burden of proof

WERS on the official to explain how he got his money.

There was a safeguard in that he had a change to give

an explanation privately to the Attorney-General first.

Hong Kong realized that this was an exceptional bill,

but their case was exceptional and had no parallel in

Britain. He-caid when asked by Sir Denis Greenhill

he said, who informed against offenders, that it could be anyone,

including an anonymous informer.

To be effective (would have to have,

the new law would mean that the police/had increased

No.16

powers to investigate peoples' private affairs. It

Seurally

in the proposed legislation was agreed that there were difficulties In one sense

the more successfullyone controlled bribery, the higher

bribes 'became.

Courts might be reluctant to convict,

but for officials the main sanction was dismissal.

/18.

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