TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 148

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

We Manil

agree to kans

oper

A.R

A

ہے

CONFIDENT LAL

9. A summary of the course of events leading to the present

position is attached at Appendix A.

Argument

10.

The Bill was published in July, 1969, for general information,

and comments were received from a wide range of interested parties (paragraph 6 of Appendix A). These comments, so far as they were

considered valid, were included in a new draft Bill, and in November,

1969, the Executive Council advised that the revised Bill should be

introduced into the Legislative Council. Can we deny Hong Kong

the right to determine her own internal affairs because of the

constitutional relationship with the United Kingdom which is not of our choosing but is preserved solely because of Mainland China's attitude towards the Colony? The Colony's remarkable record of

economic expansion and material progress in the last decade, achieved with the minimum of outside aid, has induced a feeling of confidence among those who play a prominent part in public affairs that, but for the complication of China, Hong Kong would be capable of standing on her own feet and, more than any British dependent territory which

has been granted constitutional advance since the war, of sustaining

self-governing status. The Unofficial Members of the Executive and Legislative Councils, supported by public opinion as expressed

in the non-Communist press, are therefore inclined to argue that

Britain should not interfere in local affairs.

11.

The Legal Adviser cannot provide any arguments in terms of law to justify the retention of Clause 10. If, therefore, the Bill, including Clause 10, becomes law and HMG are subsequently criticised in either Hong Kong or London for agreeing to the measure, such

criticism will have to be answered on the grounds that corruption in Hong Kong presents special problems and that the proposals to deal with it have been given wide publicity and have been accepted by the responsible local authorities as the minimum necessary to deal with the situation. Moreover, if when the Bill is introduced into

Legislative Council the inclusion of Clause 10 arouses serious public concern the clause can be dropped at the Committee Stage without embarrassment either to HMG or to the Hong Kong Goverment.

3 September, 1970

A

W. Gaminara)

Hong Kong Department

CONFIDENT IAL

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.