TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 150

CONFIDENTIAL

པ

C.

ане

(b)

(c)

the acceptance of the Clause in principle by two of

the three Civil Service Associations whose members

are directly concerned (see paras 8 9 of the EXCO paper at B).

This absence of criticism of the Clause shows the

acceptance by the Hong Kong public of the seriousness

of the situation and therefore of the need for more

drastic measures to cope with it than would be justified in a country where corruption was less rife.

6. I also discussed with Sir J. McPetrie the question whether

Ministers should be advised to refer Clause 10 to the Law Officers

before deciding on the reply to the Governor.

"Diplomatic Service

Procedure" (Extract attached) sets out categories of cases in

which "it might be appropriate" to consult the Law Officers (the

Bill could be regarded as falling into b(i) or d of this extract).

But I am doubtful what advantage would be served by reference in

this instance. The Law Officers would be bound to advise that

Clause 10 should be dropped from the Bill: the arguments against

that course are political. The Legal Advisers consider the point

one for decision by the political side of the Office. Sir J. McPetrie

told me at our last discussion that if Ministers decided that

political considerations outweighed those based on law, his view

was that the Law Officers Department should be told of Ministers'

decision but not invited to comment on it. I recommend that we

proceed in this way.

CONFIDENTIAL

Ливибрали

(L. Monson) 7 Sept. 1970

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