TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 236

CONFIDENTIAL

Conclusion

28. There is no doubt that corruption presents a very considerable problem in Hong Kong and to an extent which cannot be compared with the situation in this country. The Governor is accordingly most anxious that any legislation enacted to deal with the matter should be effective and he is convinced that, in order to be effective, any

legislation must contain stringent measures. He considers that if, at the insistence of the Foreign and Commonwealth Office, the Bill is further weakened by the removal of its "teeth" clauses (and in particular clause 10) which have already been accepted by his Executive Council, there will be strong criticism from unofficial

members of both the Executive and Legislative Councils and from the general public in Hong Kong on the grounds that it would constitute an unreasonable refusal to allow Hong Kong to tackle corruption in a

comprehensive manner. The Governor also fears that it would there- after be very difficult to persuade the public that the problem of corruption was regarded by the authorities as being of any great

importance.

29. As against this, the fact remains that certain of the clauses contained in the Bill (clause 10 in particular) are quite contrary

to accepted ideas in this country. Their retention would confer very wide powers indeed on the executive arm of the Hong Kong Government and could lay Ministers open to considerable criticism

both inside and outside Parliament.

30. Ministers are aware that our relations with Hong Kong during recent years have not been altogether happy. The Colony's remarkable record of economic expansion and material progress in the past decade, achieved with the minimum of outside aid, has induced a feeling of confidence among those who play a prominent part in public affairs that, but for the complication of China, Hong Kong would be capable of standing on its own feet and, more than any territory which has been granted constitutional advance, of sustaining self-governing status. The Governor's unofficial (and, to extent his official) advisers, supported by public opinion as expressed in the local press, are therefore apt to argue that Britain should not interfere in local affairs. There is a general

sensitivity to anything which could be construed as outside direction.

CONFIDENTIAL

/ 31.