TNAG-0411-FCO40-457-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 54

A.

01-405 7641 Ext.

Communications on this subject should

be addressed to

IE LEGAL SECRETARY

ATORNEY GENERAL'S CHAMBERS

ATTORNEY GENERAL'S CHAMBERS,

LAW OFFICERS' DEPARTMENT,

ROYAL COURTS OF JUSTICE,

18/8/1/22

D.Massey,

Esq.,

C3 Division,

Home Office, Whitehall, S.W.1.

366

LONDON, W.C.2.

7th December, 1973

14/14/17

川

358

Please refer to your note on the meeting held at the Home Office on 27th November 1973 to discuss the implications of the double criminality Rule in the Fugitive Offenders Act 1967, in relation to offences committed in Hong Kong. I have a comment on paragraph 2 (e) (of the note). I made clear at the meeting that the advice that FCO ministers had received about Section 10 of Hong Kong Ordinance was advice from the Attorney General and not from officials. I think that this ought to be reflected in the note, and that accordingly the last sentence of the above mentioned paragraph should read as follows:

"The Attorney General was consulted when the Hong

Kong Ordinance was introduced and advised that some of its provisions, and in particular Section 10, was contrary to the basic principles of English criminal law and that he would not be able to justify those provisions on legal grounds."

I am sending a copy of this letter to Crowson (Hong Kong Department, Foreign and Commonwealth Office), since a similar passage would be appropriate for the brief for the Prime Minister's visit to Hong Kong.- Notes on Bilateral Issues, paragraph 11.

M.G. de Winton