TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 21

CONFIDENTIAL

particular case there are substantial arguments against

doing so.

PREVENTION OF BRIBERY ORDINANCE

12.

Section 10 (of your paragraph 18). We are not

opposed to the extension in principle, provided that

the relationship is carefully defined (with the quali-

fication that, as you know, there is a latent possi-

bility of political trouble about the whole section

anyway). Perhaps you could provide us with suggested

wording? The wording of Section 21(2) which is

referred to in paragraph 126 of the second Blair-Kerr

report seems somewhat self-defeating in this context,

since the prosecution would presumably first have to

show that there was reason to believe that the third

party was holding the property etc for or on behalf

of the accused, before the accused had to explain its

acquisition.

13.

Minimum penalty. We agree, but with the comment

that the difficulty seems to be to secure a conviction

rather than inadequate penalties.

14.

Right of Silence.

15.

(Your para 21.) We agree.

Implications of failure to give evidence. We

agree with the recommendation in paragraph 164 of the

Blair-Kerr report, but not with paragraph 165. The

recommendations of the Law Commission referred to

particularly in the latter paragraph are still subject

to public discussion here and the Government have not

so far expressed any view upon them. We should much

prefer not to see them adopted in the limited context

of bribery cases in Hong Kong at any time when the

/Government

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