TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 32

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GR 130A

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FM FCC 151838Z

CONFIDENTIAL.

CONFIDENTIAL

VIVED IN

13 FEB 1974 MBT

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TC ROUTINE GOVERNOR HONG KONG TELNO. 184 OF 15 FEBRUARY, 1974.

YOUR TELNO, 218: PREVENTION OF BRIBERY ORDINANCE.

1. WF ARE RATHER SURPRISED THAT THE BILL HAS PEEN PASSED IN VIEW OF PARA. 9 CF MY TELNC. 29. YOUR TELNO. 124 SUGGESTED THAT YOU! WOULD AWAIT POSSIBLE AMENDMENTS AT THE COMMITTEE STAGE. HOWEVER

WE WILL SUBMIT TO MINISTERS AS SCOM AS POSSIBLE AFTER THE ELECTION

AND POPE THAT NO PROBLEM ARISES.

. WE ENDORSE, AT CFFICIAL LEVEL, YOUR EXPLANATION OF THE NEW SECTION 12(3), PROVIDED THAT THE PRESUMPTION OF CONTROL BY THE ACCUSED IN SECTION 18(2) DOES NOT IMPLY A PRESUMPTION OF OWNERSHIP FOR THE PURPOSES OF A CONFISCATION ORDER. IN OTHER WORDS WE

CONSIDER THAT IF PROPERTY IN THE HANDS OF A THIRD PARTY IS TO BE SEIZED, OWNERSHIP BY THE CONVICTED PERSON MUST BE PROVED.

DOUGLAS-HOME

FILES

HKIOD

LEGAL ADVISERS

PS/MR BLAKER

SIR D WATSON MR YOUDE

CONFIDENTIAL

To Woidon

1241

To sex file note opfa

Buy 11. March

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