TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 177

W(B)L 51-7406

NOTHING TO BE WRITTEN IN THIS MARGIN

‌

A number of

to the

Certain

amenduati

Bill have been

agored with the

Attorney

Стемой, Hang Hoa

but

(in respect of two clances in the Bill

iset/there remain certain important

differences of view between the Department

and the Legal Advisers on the one hand and the Governor on the other. These differences

which include certain points which have

emerged in further re-examination of the Bill

here and which have not yet been put to the

dealt with

Governor, are summarised in the following

paragraphs.

Clause 3: Soliciting or accepting an advantage

This Clause provides that any public

For special servant who without the general/permission of the Governor solicits or accepts any

advantage, shall be guilty of an offence.

It is the Governor's intention to issue

a "general permission" under the Clause and

it is considered that the Clause is acceptable

as it stands provided that the "general

permission" can be satisfactorily drafted to

exempt normal business transactions, social

occasions and ordinary gifts of a personal

nature between relatives and friends. It is

further considered that Legal Advisers should

have an opportunity of seeing the draft "general

permission" before the Bill is published for

introduction into the Legislative Council.

Clause 10: Unexplained possession of Property

This Clause is the main bone of contention

between the Department and Legal

Davisers on

the one hand and the Governor on the other. its retention.

The Clause would import into the friminal Law

Hồng Mạng

a provision, based on the existing Civil

Service Disciplinary Code under which it would

Code, 5.....