TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 71

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Ordinance which, if adapted for this purpose, would presumably

require prima facie evidence that the property etc originally

came from the accused. This would make it less difficult for

us to accept, provided the relationship was closely defined,

but it is just such evidence that Hong Kong are unable to obtain

in most cases.

Blair-Kerr 16. Section 12. Recommends that the maximum penalty for an

offence under Section 10 should be increased to a level not less

than for offences under Sections 5 and 6. Agreed with the

Governor's proposals that the present maximum penalty provided

for Sections 5 and 6 should be applied to all sections (except

Section 3) ie HK$100,000 and 10 years, with the added comment

that the problem seems to be the difficulty of securing a

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conviction rather than inadequate penalties.

17. Recommends that upon a conviction under Section 10, the

court should be enabled to enact a forfeiture order in respect

of property etc, the control of which the accused has been unable

to explain satisfactorily.

18. Agreed subject to the proviso that it would be quite wrong

if Section 10 were extended to cover the property of others to

order forfeiture of property of those who were not a party to the

case.

Blair-Kerr 19.

C

Recommends amendment to Section 13 to empower the Attorney-

General to authorise the inspection and investigation of bank

and other accounts operated by Crown servants.

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✓ 20.

Agreed.

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/21. Recommends...