TNAG-0678-FCO40-827-Allegations-of-corruption-and-bribery-in-Hong-Kong-1977 — Page 107

HKK 330/2

Sir Denys Roberts'

CONFIDENTIAL

28 February 1977

possibility of creating some body or office to which officials in particular could have recourse if they think that they have been badly treated by the ICAC. If we can find a suitable formula then I think this would do much to divert the criticism expressed both privately and in the press about the ICAC's abuse of its powers. Lord Goronwy-Roberts agrees with this proposal and has Coked me to float it with you.

5.

ค

I appreciate that this proposal is fraught with difficulties. We do not wish to create a body which will blunt the proper activities of the ICAC in rooting out corruption but, at the same time, it would, I think, reassure officials and the police if they Imer that there as someone to whom they could complain mainst any abuse by ICAC of ita powers. I appreciate that once a man haa bean charged with an offence concerning corruption then the loval process will take its course and that if convicted the

What I a accused will have recourse to the appeal courts. concamed with are what might be called administration busog by the ICAC: harassment of suspects, long drawn out interditions, attempts to cover up after ill-advised and semi-public investigations. I m not suggesting that the ICAC constantly abuses ita noors, but there has been evidence of abuse in the past, e.. the ange of

6.

It is not easy to see what scope there would be for setting Decisions whether or not to institute up an appellate tribunal, criminal proceedings as a result of investigations by ICAC are

resumably taken by or with the authority of the Attorney-General mile decisions whether or not to institute disciplinary proceedings against public officers as a result of such investigations re presumably taken by or with the authority of the Governor (after consultations with the Law Officers) unless some statute otherwise

There rovides in relation to particular classes of officer. seems to be no scope for interposing an appellate tribunal in the

aking of such decisions.

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to

There may however be some scope for setting up some subority hich complaints against the ICAC not relating to such decisions could be referred. Such an authority might be powered to call for files and information from the ICAC and to report to the Governor direct its reports or conclusions, which might be published.

3.

e should be grateful for your views on the possibility of batablishing such an authority, with suggestions na to its

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CONFIDENTI AL