TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 33

GPS 300

PRIORITY

CYPHER/CAT A

FM HONG KONG 1509082

CONFIDENTIAL

RECEIVED IN

SWFIDENTIAL

REGISTRY No.52

15 FEB1974

1-xx 14/8

TOP COPY

TO PRIORITY F C O TELNO 218 OF 15TH FEBRUARY, 1974.

YOUR TEL NO 172: PREVENTION OF BRIBERY ORDINANCE!

LABT

REF.

NEXT

REF.

13

1. NEW SECTION 12(3). THE NEW SECTION 12(3) MADE PART OF SECTION 12(4) UNNECESSARY AND THE WORDS ''MAY RELATE TO ANY PECUNIARY RESOURCES OR PROPERTY HELD BY ANY PERSON IN TRUST FOR OR OTHERWISE

ON BEHALF OF THE CONVICTED PERSON AND WERE OMITTED.

WE DECIDED TO RETAIN THE PROVISION ABOUT ENFORCEMENT OF ORDERS UNDER SECTION 12(3).

2.

YOU ARE CORRECT WHEN YOU SAY THAT THE NEW SECTION 12(3) PERMITS CONFISCATION OF THE VALUE OF PROPERTY IN THE POSSESSION OF THIRD PARTIES. I ALSO CONFIRM THAT A CONFISCATION ORDER WOULD BE ENFORCEABLE ONLY AGAINST THE CONVICTED PERSON, BUT SINCE AN ORDER IS ENFORCEABLE AS A JUDGMENT OF THE SUPREME COURT IT COULD BE THAT PROPERTY ACTUALLY BELONGING TO THE CONVICTED PERSON (THOUGH IN THE HANDS OF A THIRD PARTY) COULD BE TAKEN IN EXECUTION

IN THE NORMAL WAY.

3.

YOUR PARAGRAPH 3. WE FULLY ACCEPT THE POSSIBLE

PRACTICAL DIFFICULTIES IN ENFORCING A CONFISCATION ORDER AND THAT PROPERTY WHICH (THOUGH THE ILL-GOTTON GAINS OF A CONVICTED PERSON) HAS PASSED TO A THIRD PARTY COULD NOT BE TOUCHED.

4. FROM THE FOREGOING IT APPEARS THAT WE ARE AGREED AT OFFICIAL LEVEL. THIS IS A RELIEF AS WE HAD NOT UNDERSTOOD THAT IN THE ABSENCE OF FURTHER COMMENTS FROM YOU THE BILL WAS TO BE HELD UP AT THE COMMITTEE STAGE PENDING SUBMISSION TO MR. BLAKER, AND IN FACT THE BILL AS AMENDED WENT THROUGH COMMITTEE STAGE AND WAS PASSED ON 13 FEBRUARY. TO HAVE HELD UP THE TRANSFER OF POWERS TO THE NEW COMMISSIONER AGAINST CORRUPTION FOR A FURTHER 2 WEEKS WOULD

HAVE BEEN MOST UNDESIRABLE,

THE POSITION CLEAR TO YOU.

MACLEHOSE

BUT I AM SORRY IF WE FAILED TO MAKE

FILES

HKIOD

PS

PS/R BLAKER PS/PUS

CONFIDENTIAL