TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 36

CONFIDENTIAL

10

Mr Youde

PS/Mr Blaker

Mr Alevent

HKK 14/8

för Flr Blaker was not Адже

able to give this his

HONG KONG

attention

PREVENTION OF BRIBERY ORDINANCE:

1114

Flag

1.

2339 652)

Flae B

ε/60

Flag

AKK 14/17

(1973)

We now have the draft Bill to give effect to the changes in

the Prevention of Bribery Ordinance recommended by the Blair-Kerr

Commission. The Bill has been agreed by Executive Council and

published. It was introduced into Legislative Council on

30 January.

2.

The recommendations of the Blair-Kerr Report were

extensively discussed with Mr Royle last year.

I attach a copy

the summary which we submitted then, describing the recommenda-

tions and our responses to them. The new Bill is generally in

accordance with what we had agreed.

3.

The only amendments which we have not previously considered

in principle are Section 14A to 10 dealing with restrictions on

dealing with the property of a person who is being investigated.

These clauses have been objected to since publication by the

Chairman of the Hong Kong Bar Association as being too draconian.

But if we agree to a provision for forfeiture after conviction,

then it is only prudent and logical to prevent the property being

disposed of while proceedings are pending.

4.

The crux of the matter is therefore still the extension of

Section 10 of the Prevention of Bribery Ordinance to include the

power to order the accused to explain property held not only by

himself but by his near relatives; and the forfeiture provisions

/under the

CONFIDENTIAL