TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 127

HKK 14/18

CONFIDENTIAL

K 188,

4:

Foreign and Commonwealth Office

London S.W.1

930 8440 Ext. 118

17 September, 1970

REE

(who

LIE

For the past year or more the foreign and Commonwealth Office have been in consultation and correspondence with Hong Kong over the terms of a draft Bill (the Prevention of Bribery Bill) which was prepared in Hong Kong and which the Governor is most anxious to see enacted by the Colony's legislature without delay.

The Bill (a copy of which is enclosed) is designed to combat the evil of corruption which is widespread throughout all walks of life in Hong Kong and it contains stringent provisions for this purpose which are more especially directed at the public service. One of these provisions in particular (Clause 10) represents quite a wide divergence from principles which are regarded in this country as basic to our

It is felt by Legal whole approach to the criminal law. Advisers here that this clause in effect allows a public servant to be convicted on suspicion of corruption where evidence of corruption is not obtainable, and that it also exposes the accused to the risk of being judged according to standards which, because they must be subjective, are liable to be uncertain.

The matter has ultimately been put to Ministers (after fully taking into account the arguments put forward by Legal Advisers and the counter arguments put forward by the Governor, have decided that on purely political grounds

The Governor has Clause 10 should be retained in the Bill.

I enclose a copy of been informed accordingly by telegram. this telegram, the relevant paragraphs of which are 1 to 4, plus copies of the Governor's saving despatch no. 216 and of the Executive Council memorandum, both of which are referred to in the telegram.

In taking their decision Ministers fully realised that they might be laying themselves open to criticism in in Parliament and elsewhere and they accordingly considered that your Department should be informed of the matter, hence this letter.

H Hafa sa

The outstanding action on this

(A. R. Rushford) offre is !.

T. C. letherington Esq., C.B.E., T.D.

Law Officers' Department,

Royal Courts of Justice,

Strand,

London, W.C.2

CONFIDENTIAL

D2/10 Res

(1)x1 of my

(pl. Obtain wen of Songapons Prevention of

Corruptia Ord.)

menute of 10

10 Sehv.

(2) bu, for x1 of 402)

Pe. B. in 2 weeks

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17.9.20