TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 16

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before it is passed through all its stages in Hong Kong.

subsequent notification to the Governor that the power of

disallowance will not be exercised is then, in practice, a

formality.

4.

The

The bill was considered in accordance with this practice,

and, after some changes, was agreed with us. This included the

main point of the bill, which was the extension of Section 10 of

the Prevention of Bribery Ordinance.

5.

The substance of this process was completed before the

UK elections.

But the notification of "non-disallowance" now

would, in effect, commit the Secretary of State to defend the new

amendments in Parliament if necessary.

In view of the potentially

controversial nature of Section 10 of the Prevention of Bribery

Ordinance, Lord Goronwy-Roberts may wish to reconsider the terms

of the Ordinance before the procedure on the amending Ordinance

is completed.

Background

6.

Arising out of the Blair-Kerr Report the Governor sought

FCO approval for various amendments to the then existing law. A

summary of these recommendations and of the FCO response to them is

attached. The draft amending bill as forwarded to us in January was

generally in accordance with what had been agreed; though there were

some further changes which are considered in outline in para. 11

below.

7.

The main amendment is in Section 3 of the amending Ordinance.

This extends the effect of Section 10 of the Prevention of Bribery

Ordinance by the inclusion of power to order the accused to explain

property held, not only by himself, but by those close to him.

8.

The problem of Section 10 of the main Ordinance, is that it

requires the accused Crown Servant to explain the maintenance of

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