TNAG-0678-FCO40-827-Allegations-of-corruption-and-bribery-in-Hong-Kong-1977 — Page 31

3

and, as a result, was virtually unemployable whether he was in fact corrupt or not. The FCO supported ICAC fully but it was important that all submissions under CR 59 should be "properly packaged" if they were to be accepted.

13.

Reverting to the

case, it was noted that HK was understandably reluctant to cite details tol behaviour which :

(a) was seen as an adjunct to the main issue,

not the essence, and

(b) could not be proved to make his integrity

suspect.

of

For these reasons the grounds put to him were necessarily slender but, as previously accepted by the FCO, grounds in terms of CR 59 should not be confused with evidence.

14.

to

Mr. Stewart said that the courses now open were

(a)

reply rebutting the legal advice which could only prolong the final decision,

or

(b)

put the case to him to consider de novo in which case it might not need to be referred again to the Legal Advisers.

It was agreed that the case should be re-submitted, taking into account the points made by the Legal Advisers but that this should be done on the basis of the reports already måde instead of going through the whole CR 59 procedure again. As noted above, the AG would provide Mr. Stewart separately with comments on the legal advice he had been given.

15.

Mr. Stewart said that this case was now closed. It was clear from the papers that Mr.'

was either a criminal or a mental case and on the evidence, he was not the latter.

which had now been shown to him in

ICAC

16.

Hay Kay

Mr. Stewart agreed that statements about ICAC methods in his letter of 28th February to the CS were based on generalities in Mr. Macoun's report which were un substantiated. He appreciated that, as in the case of the Metropolitan Police, those who had something to fear would mount a counter-propaganda campaign. Nevertheless, the occasional innocent person was likely to suffer and the question was whether anything could be done to prevent this happening.

17.

safeguards

It was the HK view that there were sufficient

Investigations were approved by the

/Operations

A

THE ORIGINAL HAS BEEN

CLOSED UNTIL

UNDER FOI

EXEMPTION No...........