TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 160

NOTHING TO BE WRITTEN IN THIS MARGIN

HKK.

Registry 14/3.

No.

SECURITY CLASSIFICATION

*Top Secret.

-Secret.~*

Confidential,

stricted. Unclassified

PRIVACY MARKING

..In Confidence

DRAFT

To:-

SUBMISSION

M Walford

Sir Leslie Monson.

Type 1 +

From

AW Cammara

Telephone No. & Ext.

HONG KONG

PREVENTION OF BRIBERY BILL

Department

Si James

Mc Petre

The clause in quasin

Problem

The Governor wishes to introduce a Prevention

of Bribery Bill into the Hong Kong Legislatiye Council.

In the opinion Jr, the Dement Legal

soon as possible. A draft Bill has been under

Advise one clause of the Bill violates the

consideration in both Hong Kong and London for a

principle What a man shall not be convicted

year and although many amendments have been made

of a criminal offence under a Caul is

Camí

to it over the months it has not been possible to

Satisfied beyond Measonable doubt that he has

Reconcile the views of the Governor on the one hand

Committed the offence. The Govern, on the

and the Department's Legal Advisers on the other on

other hand feels clingly what the clown one most important clause (clause 10).

if any headway is

headway in bi be mere agenct commption in Hong Kong.

ü

essentiel Recommendation

2.

I recommend that on political grounds the

proposals of the Governor should be accepted.

Background

3.

(Clause 10)would import into the Criminal Zaw

Hong Kong ng/

a provision, based on the existing/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

/2....

(134392) Dd. 737115 750m 4/70 Hw.