CONFIDENTIAL
HONG KONG TELEGRAM NO. 543 TO F.C.O.
3
4. MY REASONS FOR ADVISING AGAINST PROCEEDING WITH THE BILL
WITHOUT CLAUSE 12 ARE:-
(A) I BELIEVE IT TO BE NECESSARY IF WE ARE TO MAKE ANY
PROGRESS AGAINST CORRUPTION,
(B) ONCE DROPPED, IT WILL BE THAT MUCH HARDER TO RE INTRODUCE
IF THAT SHOULD EVENTUALLY BE AGREED TO BE ACCEPTABLE
IN THE LIGHT OF FURTHER EXPERIENCE,
(C) I CANNOT NOW DELETE IT FROM THE BILL WITHOUT EXPLANATION
BOTH TO EXECUTIVE COUNCIL AND THE PUBLIC, WHO WOULD
REGARD DROPPING IT AS AN INDICATION THAT THE HONG KONG
GOVERMENT IS NOT SERIOUS IN ITS DESIRE TO FIGHT CORRUPTION.
IT WOULD HAVE TO BE STATED PUBLICLY THAT THE CLAUSE HAD BEEN DROPPED ON INSTRUCTIONS FROM HER MAJESTY'S GOVERNMENT
IN THE UNITED KINGDOM IF THIS GOVERNMENT IS TO RETAIN
ANY CREDIBILITY FOR THE FIGHT AGAINST CORRUPTION.
5. FINALLY, I REGRET I FAIL TO UNDERSTAND WHY A MEASURE WHICH
IS NEEDED AND SUPPORTED HERE SHOULD BE OPPOSED WHEN, WHILE
ADMITTEDLY SOMEWHAT UNUSUAL, IT NOW CONTAINS FULLY ADEQUATE
PRACTICAL SAFEGUARDS FOR THE INNOCENT.
6. I SUGGEST THE WAY OUT OF THIS IMPASSE IS FOR THE BILL NOW
TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL, WITH CLAUSE 10
IN IT. IF THE CLAUSE THEN ARCUSES REAL PUBLIC OBJECTION, IT
CAN BE DROPPED IN COMMITTEE WITHOUT EMBARRASSMENT, AND THE CONSEQUENTIAL WEAKENING OF THE BILL (WHILE VERY UNWELCOME)
WOULD NOT LAY THIS GOVERNMENT OPEN TO CHARGES OF NOT TAKING
CORRUPTION SERIOUSLY. BUT IF IT IS TO BE DROPPED ON YOUR
INSTRUCTIONS, THEN THIS SHOULD BE DONE PUBLICLY IN COMMITTEE
ALTOGETHER ALSO, AND AN EXPLANATION GIVEN, FOR IT WOULD BE
TOO DAMAGING FOR ME TO FAIL TO DISSOCIATE GOVERNMENT FROM THIS EMASCULATION OF AN ESSENTIAL AND LONG-DELAYED MEASURE.
/I WOULD
CONFIDENTIAL
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