TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 218

Sir James McPetrie.

CONFIDENTIAL

wiara

Kinnea

(28)

En.

2017

HONG KONG ANTI-BRIBERY BILL.

27

Since my minute of 17 July I have seen the attached

Press interview with the Lord Chancellor (Sunday Times, 19 July, 1970) I assume that the accused's "right to silence" referred to in the fifth question to the Lord Chancellor is basically the principle infringed in clause 10 of the Bill. If this is so, the question appears to be "sub judice" here (not literally of course but in

the Criminal Law Advisory Committee).

2. It follows from this (in my view) that (i) we cannot adopt

a non possumus attitude in the clause but (ii) the Secretary of State could be advised to say he would be willing to consider the question again after the Committee's report had been received and a decision reached on it, as regards the U.K., by Parliament.

3. If he said this and authorised the Governor to make this

known in Hong Kong and was at the same time prepared to agree, in advance of the Law Advisory Committee's report, to an amendment on the lines of the Malaysian legislation, he would have gone a considerable way, and perhaps effectively in practice, to meet the Governor's point about the effect of a refusal by H.M.G. to accept clause 10 in its present form on would-be corrupters and on venal

"public servants" in Hong Kong.

c.c.

Mr. Laird.

CONFIDENTIAL

Wshr/min

(L. Monson) 20 July,1970