PHER/CAT A
CONFIDENTIAL
ROUTINE FOREIGN AND COMMONWEALTH OFFICE
TELEGRAM NUMBER. 612
TO HONGKONG
14 SEPTEMBER 1970
(HKD)
って
CONFIDENTIAL.
YOUR SAVING DESPATCH NO. 216 OF FEBRUARY 1970.
PREVENTION OF BRIBERY BILL.
་རྟ་
10
1 1
K!
AS PROMISED IN MY TELEGRAM NO. 547, CLAUSE 10 HAS NOW BEEN SUBMITTED TO MINISTERS.
2. THOUGH TECHNICALLY THIS CLAUSE CREATES AN OFFENCE SEPARATE AND DISTINCT FROM THAT OF CORRUPTION, ANY PERSON CONVICTED UNDER THIS CLAUSE WOULD IN REALITY BE CONVICTED BECAUSE THE CIRCUMSTANCES RAISED A SUSPICION THAT HE HAD BEEN GUILTY OF CORRUPTION, AS SUCH THE CLAUSE VIOLATES THE PRINCIPLE THAT A MAN SHALL NOT BE CONVICTED OF A CRIMINAL OFFENCE UNLESS A COURT IS SATISFIED BEYOND REASONABLE DOUBT THAT HE HAS COMMITTED THE OFFENCE. IT CANNOT BE ACCEPTED THAT THIS IS AN ABSTRACT PRINCIPLE''. ON THE CONTRARY IT IS BASIC TO THE WHOLE BRITISH APPROACH TO CRIMINAL LAW BOTH IN THIS COUNTRY AND IN OTHER COUNTRIES FOR WHICH BRITAIN HAS RESPONSIBILITIES. IT HAS THEREFORE BEEN A SERIOUS MATTER FOR MINISTERS, WHO WOULD IN DUE COURSE HAVE TO ADVISE THAT THE POWER OF DISALLOWANCE SHOULD NOT BE EXERCISED IN RESPECT OF THE LEGISLATION CONTAINING THIS CLAUSE, TO AGREE TO THE INTRODUCTION OF LEGISLATION SO COMPLETELY CONTRARY TO BRITISH STANDARDS OF JUSTICE. THE ARGUMENTS IN PARAGRAPH 6 OF YOUR SAVING DESPATCH UNDER REFERENCE WOULD NOT CARRY MUCH WEIGHT IN THIS
CONTEXT.
3. NEVERTHELESS MINISTERS AFTER FULL STUDY OF THE PROBLEM HAVE CONCLUDED THAT THEY COULD DEFEND THE LEGISLATION, SHOULD THE BILL
/PASS
CONFIDENTIAL
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