TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 242

W(B)L 51-7406

CONFIDENTIAL

NOTHING TO BE WRITTEN IN THIS MARGIN

Commissioners of Inland Revenue to assess a

person for tax. I do not think that it could

be regarded in any way as a precedent in the

present context.

14. I am advised that all privileged informa-

tion and communications should be exempt from the operation of clause 15 and that the clause

should be amended to provide that its provisions will not apply to any information which a solicitor considers may be required in defence

of his client in any criminal proceedings before

a court.

15. However, should this amendment be unaccept-

able to you, then before I reach any final

conclusion on the matter, I shall be grateful if you will give me a clear indication of the estent to which clause 15, in its present form,

is likely to be acceptable to legal opinion generally in Hong Kong. I am aware that the Hong Kong Bar Association and Law Society both expressed concern with regard to this clause in its original form. I am also aware that the clause was subsequently amended along lines suggested by the Bar Association. Can it now therefore be taken that the clause as it stands

is acceptable to legal organisations and opinion generally in the Colony?

16. Finally, I should like to make it clear that in asking for the above amendments to be made I have taken full account of the arguments

advanced in both of your saving despatches

under reference. I have no desire to dictate

a course of action which is not in the interests

of Hong Kong. The amendments set out in paragraphs 7, 9 and 12 of this despatch are the minimum which I consider necessary having regard to my constitutional responsibility to Parliament for the affairs of Hong Kong.

If,

in addition, you were willing to accept the

amendment mentioned in paragraph 14, then I should see no objection to the enactment of the Bill with those amendments incorporated.