TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 65

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still pursuing at official level the possibility of an amendment

which would not be retrospective and so would not affect him. I

am submitting separately on this through Mr Royle to the

Secretary of State.

COLONIAL REGULATIONS AND THE PREVENTION OF BRIBERY ORDINANCE

4. In explanation of our telegram number 1,000, I attach a

summary list of Sir Alastair Blair-Kerr's detailed proposals and

FCO official level comments on them. The most difficult proposal

for us is to widen the provisions of Section 10 of the Ordinance

so that an officer may have to explain away not only property etc

held by himself, but also in the possession of his near

connections (see paragraph 241(d) of the report). Given that we

have agreed to Section 10, it is an obvious loophole in the law

that an officer should be able to avoid prosecution under that

Section by putting the property in the name of his dependents.

But Sir Alastair Blair-Kerr's proposal does increase the burden

of proof on the dependent, and thus the possibility of trouble in

Parliament. We have asked the Governor to suggest a text of this

amendment which we could study.

ANTI-CORRUPTION COMMISSION

5. The other important issue raised by the Report is the

separation of the Anti-Corruption Office from the Police Force.

The Governor intends to announce on 17 October his decision to

set up an independent Anti-Corruption Commission and the

appointments he will be making. The arrangements for the new

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/Commission