TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 145

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Sir Leslie Monson

Sire Marson

The Wiffond

Hong Kong Dopli

Problém

CONFIDENTIAL

I agree

with

Acommendation but we must stress to Trench our Political Decision to defend Claus 10

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HONG KONG

know if Singapore have His legislation.

Prevention of Bribery Bill

A.R.

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The Governor wishes to introduce a Prevention of Bribery Bill

into the Hong Kong Legislative Council. In the opinion of Sir James

McPetrie, the Legal Adviser, one clause of the Bill violates the

principle that a man shall not be convicted of a criminal offence

unless a Court is satisfied beyond reasonable doubt that he has

committed the offence. The Governor, on the other hand, feels

strongly that the clause is essential if any headway is to be made

against corruption in Hong Kong.

Recommendation

2. I recommend that on political grounds the proposals of the

Governor should be accepted.

Background

3.

The clause in question (Clause 10) would import into the

criminal law a provision, based on the existing Hong Kong Civil

Service Disciplinary Code, under which it would be a criminal

offence for a public servant to maintain a standard of living not

commensurate with, or to possess property disproportionate to, his official emoluments. It would be for the prosecution to prove that the accused maintained such a disproportionate standard of

living or possessed such property: if this were done the burden

would be on the accused to show to the Court that he had a

satisfactory explanation of how he came to live beyond his official

means or came by so much property.

4.

In order to meet criticism in Hong Kong that the clause, if

not used with care, could constitute an objectionable intrusion into

the private affairs of public officers, a provision was added to the

effect that no prosecution could be instituted under this clause

Singapne

has a Premtion of Commption Ordinance but it does not contain any persion equivalent to Sution 10 of the Hong Kay Ordinance. £.??.9%

CONFIDENTIAL

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