TNAG-0375-FCO40-421-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 8

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

reaction is very like that of the Law Officers.

He does

not like the implication of changing the law to catch one man; he does not think we should reverse a decision to .

apply the double criminality rule to the dependent territories which was taken in 1967; and he considers that Section. 10 of the Prevention of Bribery Ordinance is in itself objectionable and that there would be trouble in this country if we tried to send anyone back to face a charge under it.

4. I have put the opposite point; that it is not a question of changing the law to catch one man, but of the case of Mr Godber illuminating an illogicality in the law which might now be changed on general grounds; that the application of the double criminality rule to the dependent territorios, however deliberate, was illogical since we control their legislation; and that we are not proposing to change the Inw in respect of Section 10 of the Prevention of Bribery Ordinance only, but of all dependent territory legislation over which we have the power of disallowance. On the question of public acceptability, I have said that Foreign Office Ministers would only be likely to pursue the idea of changing the law if there was general support for it on both sides of the House.

I have offered to go to the Home Office to discuss the question if they wish.

5.

We will need to take the next steps, if any, before

Mr Royle's return. I would therefore be glad of the opporlamity

to discuss the situation now.

CONFIDENTIAL

/RELATIONS.

F

F

Flag D

Para 6 Copen t

ia

RELATIONS WITH HONG KONG

6. No 10 have replied to the Secretary of State's minute

to the Prime Minister, suggesting that DOP should undertake a general review of our relations with the Colony in advance

of the Prime Minister's visit. We had prepared a draft of a DOP paper, but considered that because many of the considera-

tions were not easily quantified, it would be difficult for

the Committee to take a clear cut decision. In view of the

Prime Minister's reaction it may now be necessary to reinstate the idea. Mr Royle may wish to consider this before his

departure.

27 September 1973

Copy to:

Mr Robinson

Sir D Watson Mr Butler

CONFIDENTIAL

A C Stuart

Hong Kong & Indian Ocean Department

9

DIEV

PRIME MINISTER

CONFIDENTI

H. Ruclaring of State BS/Ph Rozgle PS/PUS

Suid. Watson

Dear Michael, to Youde /FED

Hong Kong

=AKIOD

Nont

10 Downing Street

Whitehall

26 September, 1973.

The Prime Minister is grateful to the Foreign and Commonwealth Secretary for his minute of 20 September about the handling of the colony's affairs in London, and our general relationship with Hong Kong.

It

Mr. Heath would like the Foreign and Commonwealth Secretary to know that he hopes to visit Hong Kong himself when he goes to China, probably in January 1974. might be appropriate for the Defence and Oversea Policy Committee to undertake a general review of our relations with the colony in advance of the Prime Minister's visit. Mr. Heath certainly hopes that the opportunity will be taken to resolve any important outstanding issues before the end of the year, if his visit takes place in January as planned.

I am sending a copy of this letter to Webster (Cabinet Office).

43

26/9

LAST

REF.

REF.

39.

RECOVED IN REGISTRY No.51 -4 OCT 1973

3/svolly

Yours ever

Tom Bridges

M.O'D.B. Alexander, Esq., Foreign and Commonwealth Office.

CONFIDENTIAL

COPIES TO HICK 3/548/15

10

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