TNAG-0406-FCO40-452-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 156

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from high level colleagues in Hong Kong. As Sir A Blair Kerr

observes, publication may make a conviction more difficult to

obtain; but the Hong Kong Government may well have given up

hope of getting Mr Godber back.

4.

The other factor in the report is the implied criticism

of HMG for insisting on the "unworkable" Section 10(2). This

is unjustified, but not, I think, so offensive as to make

publication positively undesirable.

5. Our objections to Section 10 as a whole are described in

Mr Gaminara's submission of 3 September 1970. They were not

cured by Section 10(2), and our final agreement was given on

general political grounds.

6.

The department's legal adviser has, however, recorded in

his minute of 11 July the reasons why he would prefer to keep

Section 10(2). There is also the point that this is a two

part inquiry. Section 10(2) is not merely a procedural

provision but relates to the nature of the offence. Unless

someone else is about to escape, the best time to consider

the substantial implications of the clause would be in the

overall review of the Ordinance that is to follow.

7.

Nevertheless, since Section 10(2) does not affect our

judgement that the section as a whole is undesirable but

acceptable, we cannot logically protest too strongly if the

Governor considers it necessary to repeal the subsection.

therefore think that, after putting the record straight and

I

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