TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 188

CONFIDENTIAL

8. Executive Council adviced that the revised Bill be

introduced into Legislative Council.

by

(i)

(11)

This was followed

talks between the Department and the Governor in December 1969.

further correspondence with the Attorney-General in December 1969, January-March 1969 in which the Hong Kong authorities were warned that the Bill would require submission to Ministers.

(iii) formal submission by the Governor of his views

to be put before Ministers (Annexes C & D).

9. There are still important differences of view between the Department and the legal advisers on the one hand and the Governor on the other. These, which include certain points

which have emerged in further re-examination of the Bill here and which have not yet been put to the Governor, are summarized

in the following paragraphs.

10. Clause 10:

Possession of unexplained property.

to

This clause would import into the criminal law a provision, based on the existing civil service disciplinary code, under which it would be a criminal offence for a public servant 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 to show to the Court that he had a satis-

factory explanation of how he came to live beyond his official

means or came by so much property.

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