TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 193

CONFIDENTIAL

solicitor considers may be required in defence of his client

(The effect of this in practice in any criminal proceedings.

would be largely to nullify the provisions of the Clause, as

now drafted.

21.

The Clause in its original form was criticized by the Bar and the Law Society. The latest form is said to have been designed to meet their objections, but it is not clear if these professional bodies are or are not still opposed to it.

22. Legal Advisers suggest that before a final decision is reached the Governor should be asked to state specifically the extent to which he expects the Clause as it stands to meet with opposition from the Bar and the Law Society.7

23.

Points for decision

These are

(1)

(ii)

(iii)

whether the Governor should be given authority to introduce the Bill into Legislative Council as it now stands or

whether he should be instructed to amend it before so doing on the lines suggested in all or any of the following paragraphs of this submission: para. 15, para. 18 or para. 20, subject in respect of the last to the clarification suggested in para. 227and whether in the event of Ministers inclining towards proceeding as in (i) above, the views of the Law Officers should be sought in accordance with Diplomatic Procedure Instructions (extract at Annex

attached.)

The object of such reference would be to ascertain whether in the event of subsequent criticism the Law Officers would feel able to support Ministers.

8

(1. I onsor) 11 Au.1970.