TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 128

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No.

| SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted.

Unclassified.

PRIVACY MARKING

Copy to

.In Confidence

M.G. de Winton ESS CBE, MC Law Offiion Dont

Law Counts

Strand WCZA

264

CONFIDENTIAL

DRAFT

To:-

Mi Charles Prior. Head of C 3 Division,

Home Office

London S W 1

Type 1 +

FUGITIVE OFFENDERS ACT 1967: HONG KONG

From

Mr Grows on

ACS

Telephone No. & Ext.

Department

HKIOD

The Hong Kong Government has for some time been concerned

about corruption in the public service of Hong Kong.

In 1970

the Hong Kong Legislature enacted a Prevention of Bribery

Ordinance, which among other things created a new offence of

possession of explained property.

2.

This offence is constituted by/section 10 of the Ordinance,

subsection (1) and (2) of which read as follows:-

"(1) Any person who, being of having been a Crown servant-

(a) maintains a standard of living above that which is

commensurate with his present or past official

emoluments; or

(b) is in control/of pecuniary resources or property

disproportionate to his present or past official

emoluments,

shall, unless he gives a satisfactory explanation to the

court as to how he was able to maintain such a standard of

living or how such pecuniary resources or property came

under his control, be guilty of an offence.

(2) No prosecution for an offence under subsection (1)

shall be instituted without the consent in writing of the

Attorney/General, who shall, before consenting to the

institution of a prosecution against a person for such an

offence, inform that person that a prosecution against him

for such an offence is under consideration and give him an

opportunity of making representations in writing to the

Attorney General."

(885363) Dd. 896639 1,000M 8/71 St.S.

CONFIDENTIAL