TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 70

CONFIDENTIAL

Parliamentary pressure.

Blair-Kerr 10.

FCO

Regulation 66. The Governor sought our agreement to the

removal of the requirement that officers governed by that regu-

lation can be punished or retired only with the Secretary of

State's prior approval.

11. Disagreed since the effect would be to remove our power to

influence the decision in any but the most extreme cases.

We

can deal with cases very quickly in case of need and this should

present no problem.

Blair-Kerr12.

FCO

✓

Contract Officers. Recommends that in future no reasons

should be given for termination of contract.

13. The avoidance of an appearance of arbitrariness is likely to

be in the Government's interest. We suggested that as a matter

of practice reasons should continue to be given, unless in a

particular case there are very substantial reasons for not doing

so.

PREVENTION OF BRIBERY ORDINANCE

A copy of the Ordinance is attached.

Flag F

Blair-Kerr14.

Recommends amendment of Section 10 to provide than an accused

person could be convicted for failing to provide adequate explana-

tions of property held not only by himself but also by his near

relatives, mistress etc.

15. Given that there are already difficulties about Section 10

of the Ordinance in so far as it lays the burden of proof on the

accused, the extension of this burden to cover the property of

others would stretch the burden further. We have asked Hong Kong

for their proposed wording. Blair-Kerr cites Section 21(2) of the

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CONFIDENTIAL

/Ordinance