TNAG-0279-FCO40-315-Visit-of-Secretary-of-State-for-Foreign-and-Commonwealth-Aff-1970 — Page 78

CONFIDENTIAL

Following discussions with the Attorney-General, Hong Kong,

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

number of respects to take account of cbjections raised both

locally in Hong Kong and also by the Department and Legal Advisers

Legal Advisers have not yet completed their examinati on

of the Bill in its amended form but there is one clause in particular

(Clause 10) to which they strongly object.

in London.

5. Clause 10 makes the possession of unexplained property by any

public servant a criminal offence, although no prosecution can be

instituted without the consent in writing of the Attorney-General

who is required before instituting proceedings to give any person

against whom prosecution is under consideration an opportunity of

making representations in writing. The text of Clause 10 is

attached.

6. Legal Advisers feel strongly that the unexplained possession

of wealth should not be made a criminal offence but should be dealt

with under disciplinary regulations. Their objections to the

clauso are also based on the following considerations :-

(a)

Although under Clause 10 the prosecution would first have

to show that the accused had been maintaining a high

standard of living or possessed property disproportionate

to his financial emoluments, the accused could then be

convicted if he remained silent, even although there

was no evidence of his having committed any act of a

criminal nature

୨

{

CONFIDENTIAL

/ (b).