TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 139

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

Registry No. HKK 14/18

Date and time (G.M.T.) telegram should

reach addressee(s)

DEPARTMENT

SECURITY CLASSIFICATION

Торбесте

Hong Kong Department

PRIORITY MARKINGS

(Date)

Despatched

Top Secret

Secret

K Confidential x

Restpicted Unclassified

PRIVACY MARKING

In Confidence

En Clair.

Immediate}

Flash

Rriority

X Routine+

"Security_classification

-if any

[ Privacy marking

-if any

[Codeword—if any]

]

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN

gode Cypher

Draft Telegram to:-

No.

(Date)

And to:-

Repeat to:-

Helen

issues.

has

ANG

14.9.79

Distribution:-

Files

HKD

UND

Sir L. Monson Mr.Wilford

Copies to:-

Legal Advisers P.S. to

Mr. Royle

P.S. to P.U.S.

1

Addressed to

telegram No....

And to

repeated for information to

Saving to..

GOVERNOR HONG KØND

(date)

Your Saving despatch No.216 of February 1970

Prevention of Bribery Bill

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

unless a

ériminal offence/Court is satisfied beyond reasonable

doubt that he has committed the offence. I cannot be

ed

accept t

It

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

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