TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 132

CONFIDENTIAL

FCO TELNO. 612 TO HONG KONG

-3-

THE CLAUSE IS ACCEPTABLE AS IT STANDS PROVIDED THAT A GENERAL

PERMISSION TO BE ISSUED BY THE GOVERNOR UNDER ITS TERMS CAN

BE SATISFACTORILY DRAFTED TO COVER NORMAL BUSINESS TRANSACTIONS, SOCIAL OCCASIONS AND ORDINARY GIFTS OF A PERSONAL NATURE BETWEEN RELATIVES AND FRIENDS. YOUR ATTORNEY-

GENERAL AGREED TO PROVIDE A DRAFT OF SUCH A PERMISSION, WHICH

WE WOULD LIKE TO SEE BEFORE THE ORDINANCE IS BROUGHT INTO

FORCE

(C) CLAUSE 14 IS ACCEPTABLE SUBJECT TO OMISSION OF THE WORDS

''HIS SPOUSE, PARENTS OR CHILDREN'' FROM SUB-CLAUSES (A) (1) AND (111). YOUR ATTORNEY-GENERAL SAW NO OBJECTION TO THIS

OMISSION.

(D) CLAUSE 15(IV)

W

YOUR ATTORNEY-GENERAL AGREED THAT THE

INTENTION OF THIS SUB-CLAUSE IS THAT SO FAR AS POSSIBLE SOLICITORS SHOULD NOT BE REQUIRED TO DIVULGE PRIVILEGED INFORMATION, BUT AS WORDED AT PRESENT THE SUB-CLAUSE WOULD NOT COVER INFORMATION GIVEN TO A SOLICITOR FOR THE PURPOSE OF PROVIDING LEGAL ADVICE FOR HIS CLIENT UNASSOCIATED WITH ANY LEGAL PROCEEDINGS. YOUR ATTORNEY-GENERAL ACCORDINGLY AGREED TO PREPARE AMENDMENTS FOR YOUR CONSIDERATION WHICH WOULD HAVE

THE EFFECT OF AFFORDING SUCH PROTECTION.

6. SUBJECT TO ABOVE AMENDMENTS, THE WAY IS NOW CLEAR FOR INTRODUCTION INTO LEGISLATIVE COUNCIL.

DOUGLAS-HOME

FILES

H.K.D.

U.N.D.

SIR L. MONSON

MR. WILFORD

P.S. 20 MR. ROYLE

P.S. TO P.U.S. LEGAL ADVISERS

CONFIDENTIAL