TNAG-0278-FCO40-314-Visit-of-Secretary-of-State-for-Foreign-and-Commonwealth-Aff-1970 — Page 72

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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W(B)L 51-7406

CONFIDENTIAL

but Mr Roverts made

the fount that much the name comes to said of several different kinds of

Legislation.

regulation

Kong Government were anxious to have an anti-corruption

bill with teeth. What form did corruption take?

Mr. Sutcliffe said that officials were paid for not

doing their job energetically. For instance Labour

Inspectors were bribed not to visit a factory during

what should be a rest period, and similar things

happened with the police. They would obey orders and

clear up trouble if asked but the local people knew

that they could not keep up pressure, for instance on

gambling, for long periods.

15. Mr. Stewart said that officials in London had not

yet given him advice about the corruption bill but the

clause about officials declaring assets created

difficulties. Was he right in thinking that this was

an essential part of the bill? Sir David Trench said

that it was. Corruption would never be completely

eradicated but this bill was an important step. It

already had had a deterrent effect. Mr. Wellbeloved

asked about the maximum penalties for having undisclosed

sources of wealth and whether the courts would impose

them. would be

Mr. Roberts pointed out that the burden of proof

was on the official to explain how he got his money.

There was a safeguard in that he had a change to give

an explanation privately to the Attorney-General first.

Hong Kong realized that this was an exceptional bill,

but their case was exceptional and had no parallel in

Britain. He said when asked by Sir Denis Greenhill

he said, who informed against offenders, that it could be anyone,

including an anonymous informer.

To be effective would have to have, the new law would mean that the police/had increased

Np.ibi

powers to investigate peoples' private affairs. It Senerally

on the proposed legislation, was fagreed that there were difficulties In one sense

the more successfully one controlled bribery, the higher

bribes became/

becam Courts might be reluctant to convict,

but for officials the main sanction was dismissal.

/17.

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