TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 183

W(B)L 51-7406

NOTHING TO BE WRITTEN IN THIS MARGIN

-10-

Hong Kong, is unable to state specifically

whether those professional bodies are or are

not still opposed to it, although he thinks

it unlikely that they would in fact object.

Conclusion

20 The present position is that:-

(a) Certain amendments to the Bill

(which are not mentioned in this

submission) have been agreed with

the Attorney-General, Hong Kong.

(b) A decision is required on

(i) Whether Clause 10 should be

retained or whether we should insist

on its exclusion and put to the

Governor the alternative suggestion

in paragraph 15 above (although this

is most unlikely to meet the Governor's

requirements).

(ii) Whether we should ask the

Governor to amend Clause 15 in

accordance with the suggestion in

paragraph 18 above.

Clause 10

Legal Advisers have pointed out that

the provisions of this Clause depart from

certain principles which are, in this

country, basic to our whole approach to

the criminal law. They have commented as

follows:

"Since H.M.G. have ultimate responsibility

for what happens in Hong Kong the basic

question for Ministers, it seems to me,

is not whether acceptance or rejection

of the Bill would attract more criticism

but whether acceptance of the Bill as

it stands would be right. While I agree

with all the legal criticisms in the