TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 18

CONFIDENTIAL

11.

Flag A

The remaining important provisions of the amending Ordinance

are in Section 7. The new Sections 14A to 14E provide for the

freezing of the property which is the subject of a case under the

Ordinance. This was not in the Blair-Kerr Report, and has been

objected to by the Chairman of the Hong Kong Bar Council as being

too draconian. But it is logical that an accused person should be

prevented, while the case is going on, from sending out of the

jurisdiction of the court property which may be the subject of a

forfeiture order on conviction.

Recommendation

12.

In the circumstances outlined above I consider that we

should acquiesce in the Hong Kong Prevention of Bribery (Amendment)

Ordinance. I therefore recommend that we should send the normal

notification of "non-disallowance" to the Governor without further

comment. The Department's Legal Adviser agrees.

22 April 1974

CC

Mr Rushford

Sir D Watson o.r.

ACSE

A C Stuart

Hong Kong & Indian Ocean Dept.

The only additinal point

would make is that the Law Officers Dephantinent

Lave

and Home Office

Section 10 bec

wuse

never

supported the concept Behind of explanation to the

The accused. It's defence

the onus

satisfaction of the court is

on

The Secretary of State. On the

thus falls solely grounds that conditions in

Hory Kay

are

such that

CONFIDENTIAL