TNAG-0550-FCO40-645-Allegations-of-corruption-and-bribery-in-Hong-Kong-police-an-1975 — Page 51

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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as you know, and there is a natural tendency in some quarters to accept that she is as likely to be right about other allegations. There is, therefore, no room for complacency, and I am looking for a suitable opportunity to reject her general and unsubstantiated allegations about us. I am, however, naturally concerned about the effect which these allegations have on the morale of professional officers in my Chambers. There have been grumblings on a number of occasions, and the "Meet the Press" programme bothered them a good deal. Fortunately, our reply to questions (as published in the Hong Kong Standard has restored matters a bit.

see 'F')

Now for Mrs. Elliott's allegations about corruption cases. Since the 1971 Prevention of Bribery Ordinance came into operation, the Attorney General alone has dealt with section 10 cases and has not delegated his authority to consent to prosecutions. With rare and insignificant exceptions, the Principal Crown Counsel attached to the former Anti-Corruption Branch and now attached to I.C.A.C. is the only other officer who has authority to consent to prosecute. It follows that Mrs. Elliott (albeit un- knowingly) was referring to me, Penlington or Sceats when she spoke of our frustrating the Commission's work by refusing to allow cases to go forward and of our supporting syndicated corruption. I enclose (marked 'F') an item from the Hong Kong Standard, based on answers we gave to press questions following the "Meet the Press' programme. do not think that there is anything that I need add and so far Mrs. Elliott has not responded.

I

I think that I should also add on a general note that my colleagues in the Prosecutions Section are parti- cularly careful about confession statements. Only recently, we declined to prosecute in two cases where the only evidence was a confession by the accused, but as we have pointed out to Mrs. Elliott in the past it is not our function to weigh evidence, and if there is no apparent reason for doubting a confession or other evidence we have a duty to go ahead.

I do not know how Lord Goronwy-Roberts will wish to reply to Johnson's letter, but I hope that he may find it possible to touch on the part of Mrs. Elliott's letter about corruption cases, in addition to the case of Mr. CHAN Sing. I also hope that the Daily Express newspaper can be informed about both issues.

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John.

(J.W.D. Hobley) Attorney General.

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