TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 135

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

W(B)L 51-7406

NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

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

sladk

it has been agreed that

the definition of "public servant"

will require amendment (in relation

to Clauses 13 and 16).

(b) Clause 3 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 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.....

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