TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 230

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A

B

under preliminary enquiry or further investigation. During the year, eight public officers (including one police officer) were

convicted in court on corruption charges: five were cleared and acquitted: and seventeen received disciplinary punishment (involving dismissal from the service in three cases).

6.

No-one is more alive to the dangers of corruption than the

Governor himself, particularly where it exists in the public service. Hong Kong Establishment Regulations already contain strong disciplinary

provisions designed to combat corruption that are unique in the Colonial Service context (i.e. an officer can be required to account

for the accretion of financial resources beyond levels considered reasonable, having regard to his official emoluments).

7. In July, 1969, the Hong Kong Government published a draft

Prevention of Bribery Bill for the purpose of assessing local public reaction to the somewhat stringent measures it contained. At the

same time copies of the Bill were sent to the Foreign and Commonwealth Office for study. When Lord Shepherd visited Hong Kong in June, 1969,

the Governor informed him of the intention to publish the Bill and expressed the hope that the Foreign and Commonwealth Office would

resolutely support the measures that would be contained in it; and in discussion with the Commissioner of Police, Lord Shepherd promised his general support, although at that time the precise nature of the proposed measures was not known.

8.

The Bill is primarily designed to deal with corruption in the public service (including a number of privately-owned public utilities listed in a schedule to the Bill) but it is also aimed at persons

offering bribes to public servants.

9.

Following discussions here with the Attorney-General, Hong Kong,

and with the Governor himself, the Bill has been amended in a number

of respects to take account of objections raised, both in Hong Kong and by the department and its legal advisers. Even so, the amended Bill (copy attached) contains a number of provisions over which there

remain differences of opinion as between the Governor and ourselves.

These differences are considered.. to be of sufficient importance to

merit the consideration of Ministers and the Governor has been so

informed.

Bill.

They arise out of clauses 10, 14, 15, 20 and 25 of the

/Argument.

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