TNAG-0411-FCO40-457-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 67

CONFIDENTIAL

2.

I agree therefore that we can only concentrate with the Home Office on the possibility of abolishing the double criminality rule for Hong Kong alone. This can be argued on the grounds that, in the absence of an elected legislature HMG is responsible for the state of the law

in Hong Kong; and that, as an example of this, HMG has specifically and after full deliberation approved Section 10 of the Prevention of Bribery Ordinance as necessary and justifiable in local Hong Kong conditions, despite the objection seen to it by the law officers here from the point of view of the legal and social "mores" of the United Kingdom. In this situation it makes no sense that a man who happens to have a right of entry and abode in the United Kingdom should be able to escape the consequences of the law which HMG have thought it right to establish in

Hong Kong.

3.

G

I fear however that Home Office officials, while agreeing that the issue resolves itself to this point, are not prepared to accept this line of argument; and after the meeting we had with them on 27 November that we can make no further progress at official level. If therefore we are to get any further it would appear that a personal approach by the Secretary of State to the Home Secretary is needed and the Home Secretary might possibly be minded to be forthcoming, bearing in mind the Secretary of State's recent concession over finance in the Immigration context. I realise in view of the Secretary of State's commitments, that it may be difficult to find time for this issue before Christmas. But it is of some importance for Ministers to reach a decision on whether or not anything can be done to meet the political problem in Hong Kong to which this issue has given rise before the Prime Minister visits Hong Kong in January.

•

6 December 1973

Dance Walio

(Duncan Watson)

CONFIDENTIAL