TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 237

CONFIDENTIAL

31. The Governor has deployed some of the above arguments in support of his plea for the retention of clause 10 and has stated that he

would find himself in considerable difficulty in defending the removal of the clause in question (although the present situation would not

have arisen had the Governor consulted us over the terms of the Bill

before it was published or referred to his Executive Council).

32. The attached draft saving despatch sets out the views of the

department and its legal advisers on the disputed clauses of the

Bill.

The draft has been prepared on the assumption that Ministers

will feel unable to agree to the retention of clause 10 in its present

form and will require certain amendments to be made to the other clauses in dispute. However, in view of the strong plea made by

the Governor for the retention of clause 10, Ministers may wish to

have the views of the Law Officers before reaching a final conclusion. The department's legal advisers consider that in any event it would

be desirable for the views of the Law Officers to be obtained if there

is to be any question of retaining clause 10 in its present form;

they further suggest that if any reference is made to the Law Officers

on clause 10, then their views should at the same time be sought on the other clauses in dispute.

7 July, 1970

Eɣaria

(E. o. Laird) Hong Kong Department

CONFIDENT IAL