TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 184

-11-

brief I am particularly concerned at

Clause 10. We have certain principles

according to which we regulate our

public affairs. One of these is that

a man shall not be convicted of a

criminal offence unless a Court is

satisfied beyond reasonable doubt that

he has committed an offence. This is

basic to our whole approach to the

criminal law and it is one that we have

insisted on in all overseas territories

for which we have been responsible.

principle is violated by Clause 10 of the

Bill for, although that Clause technically

creates an offence separate and distinct

from corruption, a person convicted under

that Clause would in reality be convicted

because the circumstances raise a

This

suspicion that he has been guilty of

corruption. I could not myself provide

any arguments to justify the retention of

the Clause."

"If Ministers were disposed to

accept the Bill as it stands, and in

particular Clause 10, they would be wise

whether

to ascertain/in the event of subsequent

criticism the Law Officers would feel

able to support them. I think it unlikely

that the Law Officers would feel able to

support Clause 10 at any rate."

On the other hand, there is no doubt

that the problem of corruption in Hong

Kong is a serious one and that draconian

measures are

which required to deal with it.

A

Circumstances in Hong Kong are vastly

different from thosƐ obtaining in this

country and it is problematical whether

NOTHING TO BE WRITTEN IN THIS MARGIN