CONFIDENTIAL
TOP COPY
НКС 382/2
RECEVED IN 2 GOTRY
14 NOV 1980
ASCISTAY
Action Taken
GRS 200 CONFIDENTIAL
FM HONG KONG
TO ROUTINE FCO
TELNO 2497
OF 14092OZ NOVEMBER 85
DESK OFF
INDEX
C'A
PREVENTION OF BRIBERY (AMENDMENT) BILL 1985.
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YOUR TELNO 1683 REFERS. RE YOUR PARA. 4 WE ACCEPT THAT A LIMITATION IN RESPECT OF THE PROPERTY OF THIRD PARTIES MAY REDUCE OPPOSITION. WE PROPOSE THE FOLLOWING (WITH CONSEQUENTIAL
AMENDMENTS)
-
''(8) AN ORDER UNDER SUBSECTION (6) SHALL NOT BE MADE IN RESPECT OF PECUNIARY RESOURCES OR PROPERTY HELD BY A PERSON OTHER THAN THE PERSON CONVICTED IF THAT OTHER PERSON SATISFIES THE COURT IN ANY
PROCEEDINGS TO SHOW CAUSE UNDER SUBSECTION (7) HE HAD -
(A) ACTED IN GOOD FAITH AS REGARDS THE CIRCUMSTANCES IN WHICH THE PECUNIARY RESOURCES OR PROPERTY CAME TO BE HELD BY HIM: AND
(B) SUBSEQUENTLY SO ACTED IN RELATION TO THE PECUNIARY RESOURCES OR PROPERTY, WHETHER BY INCURRING EXPENDITURE OR OBLIGATIONS OR OTHERWISE, THAT AN ORDER IN THE CIRCUMSTANCES WOULD BE UNJUST.''
2. WE ACCEPT THE DRAFTING SUGGESTION IN YOUR PARA. 5.
3. IN VIEW OF THE NARROW SCOPE OF SUCH CONFISCATION ORDERS (BASED
ON CONVICTIONS OF CORRUPTION BY CROWN SERVANTS ONLY), LACK OF PUBLIC SYMPATHY WITH SUCH PERSONS AND THEIR ASSOCIATES, AND LACK OF SUCCESS SO FAR IN RECOVERY OF PENALTIES, WE DO NOT EXPECT PUBLIC OPPOSITION TO BE SUSTAINED IF THE ABOVE SAFEGUARD IS INCORPORATED.
4. YOUR COMMENTS APPRECIATED EARLIEST POSSIBLE.
YOUDE
LIMITED
HKD
LEGAL ADV
MR WILSON
CONFIDENTIAL
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