TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 131

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CONFIDENTIAL

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PASS LEGISLATIVE COUNCIL, ON THE POLITICAL GROUNDS THAT:

(1) THE DRAFT BILL HAD BEEN WIDELY CIRCULATED IN HONG KONG AND

(11) THE CLAUSE HAD BEEN ACCEPTED IN PRINCIPLE BY TWO OF THE

THREE CIVIL SERVICE ASSOCIATIONS WHOSE MEMBERS WERE DIRECTLY

CONCERNED AND

11) THIS DEMONSTRATED THE ACCEPTANCE BY THE HONG KONG PUBLIC

OF THE NEED FOR MEASURES, EVEN OF SUCH A DRASTIC NATURE, TO COPE WITH CORRUPTION. (IN PREPARING DEFENCE ON THESE

LINES WE WOULD RELY ON REPORTS IN FIRST ELEVEN PARAGRAPHS

OF YOUR MEMORANDUM FOR EXECUTIVE COUNCIL OF 6 NOVEMBER

1969).

4. MINISTERS THEREFORE AGREE THAT YOU MAY INTRODUCE THE BILL CONTAINING CLAUSE 19 IN LEGISLATIVE COUNCIL, BUT WELCOME SUGGESTION IN PARAGRAPH 6 OF YOUR TELEGRAM NO. 543 THAT, IF THE CLAUSE AROUSES REAL PUBLIC OBJECTION, IT COULD BE DROPPED IN COMMITTEE. THEY WOULD WISH TO BE KEPT IN TOUCH WITH PROCEEDINGS IN LEGISLATIVE COUNCIL

REGARDING THE BILL. IN THE EVENT OF THE CLAUSE HAVING TO BE DROPPED

WE WOULD NOT OBJECT TO THE SUB-STITUTION OF A CLAUSE ON THE LINES OF SECTION 17 OF THE MALAYSIAN PREVENTION OF CORRUPTION ACT, 1961.

5. THE REMAINING OUTSTANDING POINTS IN THE BILL HAVE BEEN DISCUSSED

WITH YOUR ATTORNEY GENERAL WITH THE FOLLOWING RESULTS:

(A) CLAUSE 2 IT HAS BEEN AGREED THAT THE DEFINITION OF ''PUBLIC

SERVANT'' WILL REQUIRE AMENDMENT (IN RELATION TO CLAUSES 13 AND 16).

(D) CLAUSE ? THE SCOPE OF THIS CLAUSE IS SUCH THAT, IRRESPECTIVE OF THE INNOCENCE OF MOTIVE, ONE COMMITS A CRIME IF WITHOUT THE PERMISSION OF THE GOVERNOR, ONE DOES VARIOUS ACTS WHICH ARE NO MORE THAN ORDINARY INCIDENTS OF EVERYDAY LIFE. HOWEVER,

/THE CLAUSE

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CONFIDENTIAL

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