TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 141

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

In the event of the Clama having to be

driffed

We would ha

Obost to the substitutin

A

clame on

11

The divis

Section 179 the Malayasion Preventan of Complén Act 1961.

suggestion in para. 6 of your telegram

No.543 that, if the Clause arouses real

public

political objection, it could be dropped in

Committee.. They would wish to be kept in

touch with proceedings in Legislative Council

regarding the Bill.

h.

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).

(b) Clause 3 The scope of this clause

is such that, irrespective of the

innocence of motive, one commits à

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 to provide a draft of such a

we

permission, which would like to see

Ordinance is brought into force

before the Bill is enacted./

CONFIDENTIAL

3

/(c)...