CONFIDENTIAL
1471 - 1
OCMIAN 1471
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
29150OZ OCT
GRS 411
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1683
OF 29150OZ OCTOBER 85
MKK 38262
RECEIVED IN REGISTRY
30 OCT 1985
DESK OFFICER
INDEX
PA
REGISTAY
Action Taken
хо
OUR TELNO 1502:
1.
PREVENTION OF BRIBERY (AMENDMENT) BILL 1985
WE HAVE CONSULTED LEGAL ADVISERS ON THE AMENDMENTS TO
SECTION 12 OF THE PRINCIPAL ORDINANCE CONTAINED IN CLAUSE 4(C) OF
THE DRAFT BILL SENT WITH PIERCE'S LETTER OF 18 SEPTEMBER.
2.
LEGAL ADVISERS SEE NO LEGAL OBJECTION TO YOUR PROPOSALS.
IN REACHING THIS CONCLUSION THEY OBSERVE THAT THE PROPOSALS DO
NOT CONFLICT WITH HMG'S HUMAN RIGHTS OBLIGATIONS IN RESPECT OF
HONG KONG (NOR INDEED WOULD THEY CONFLICT WITH THE EUROPEAN HUMAN
RIGHTS CONVENTION, WERE THAT APPLICABLE). THEY ALSO OBSERVE THAT
THE PROPOSALS ARE VERY SIMILAR TO PROPOSALS IN THE UK FOR DEALING
WITH THE PROFITS OF DRUG-TRAFFICKING. (A COPY OF THE LATTER HAS
BEEN SENT TO MARGOLIS BY BAG IN RESPONSE TO YOUR TELNO 1037.)
3.
WE NEVERTHELESS ARE CONCERNED ON POLITICAL GROUNDS WITH
YOUR PROPOSALS. THE AMENDMENT PROPOSED IN CLAUSE 4(C) OF THE
DRAFT BILL IS EXTREMELY STRINGENT, AND WE WONDER WHETHER THIS NEW
MEASURE, WITH ITS DOUBLE PRESUMPTION ON THE PART OF THE COURTS,
WILL PROVOKE A STRONG REACTION FROM THE HONG KONG LEGAL
PROFESSION. ELEMENTS OF THE LATTER ARE OF COURSE NOW ON THE
ALERT FOR NEW LEGISLATION THAT APPEARS TO INFRINGE THE RIGHTS OF
THE INDIVIDUAL IN ANY WAY.
WE WOULD BE GRATEFUL FOR YOUR ASSESSMENT OF THE DANGERS
WHICH WE PERCEIVE, SINCE WE SHALL WISH TO INFORM MINISTERS OF
4.
1.
CONFIDENTIAL
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