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on HKK. 14/38.
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Mr. Carter
The following is a summary to date
of developments in this matter.
20
In July 1969 the Hong Kong Government published for general information and comment a draft Prevention and Bribery Bill. We had known of their intention to do this although we had not been consulted over the terms of the Bill. The backgrond to the preparation and publication of the Bill is given in the note at (9) on HKK14/13. At the time that the Hong Kong Government published the Bill they also referred copies of it to the local Bar Association and Law Society and other interested bodies for comment. They similarily sent us a copy of the Bill with the request that we should discuss it with Mr. Roberts, Attorney General Hong Kong, who would be visiting London the following month.
3. Our own Legal Advisers raised a number of queries on the Bill and these were duly discussed with Mr. Roberts last August. Some of these queries were settled on the spot and Mr. Roberts undertook to give con- sideration to the remainder on his return to Hong Kong.
4. As a result of the comments received from the publication of the Bill and of the queries raised by our Legal Advisers, the Hong Kong Government reconsidered the Bill and agreed to certain amendments. When the Governor was in London last November he handed us a copy of the amended Bill and asked if we would give early consideration to it and subsequently discuss with him any outstanding matters. This was done and in January this year we sent Mr. Roberts a note containing our views on the points still outstanding.
5.
At the end of January Mr. Roberts replied saying that Hong Kong would "amend the Bill so as to meet all your comments in substance, though not necessarily in detail, except for Clause 10." Legal Advisers here had a further look at the Bill and theree after you wrote to Mr. Roberts on 9th February setting out the matters which still remained outstanding. These matters were confined to Clauses 10, 14, and 15 of the Bill. In particular, you stated that any proposal to retain Clause 10 would require consideration at Ministerial level.
6.
We have now received a saving despatch from Hong Kong. The despatch deals only with the subject of the disputed Clause 10 and mentions that the other outstanding points will be dealt with in a separate communication; but there is no indication of when we may expect to receive the latter.
7.
Hong Kong are clearly under the impression that Clause 10 is the only feature of the Bill which will require consideration at Ministerial level. This belief no doubt stems from (3), (5), (8) and (9) on this
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