TNAG-1430-FCO40-1913-Hong-Kong-Independent-Commission-Against-Corruption-(ICAC)-1985 — Page 55

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

[GSLARU]

Mr Ehrman

CONFIDENTIAL

Reference.

2222

A

B

Mr Galsworthy

HONG KONG PREVENTION OF BRIBERY ORDINANCE

1.

to

Mr Galsworthy asked whether Hong Kong's previous proposal amend Section 12 of this Ordinance was considered by Ministers; and what the objections were.

2.

The 1973 files contain little detail on this point. The main references are as follows:

(i)

FCO tel 938 to Hong Kong, para 13 (folio 198): this gives FCO officials' view that "it would be quite wrong to order forfeiture of property of those who were not a party to the case".

(ii) Hong Kong tel 1090, para 20 (folio 204):

Hong Kong's

(iii)

C

agreement

to the above.

this states

the tick

Submission to PS/Mr Royle (folio 252): Attached to the submission is a summary of FCO comments on recommendations of the Blair-Kerr Report. There is a next to para 18 (which makes the same objection to the proposed amendment as that in para (i) above). It would appear that the tick was made by Mr Royle; but there is no further indication of his views on this point.

Subsequent papers (for example folios 330 and 334) refer to Section 10 of the Ordinance but not to Section 12.

3.

Mr Wood (Legal Advisers), with whom I have discussed this matter, suggested that Hong Kong might be interested to know that

Provisions the Home Office are proposing to introduce similar proposats into UK law in the field of drug trafficking. He is obtaining a copy of the draft legislation which we could send to Hong Kong by bag. He suggests we amend the telegram as indicated on the attached

copy.

4.

I am sorry I was

unable to deal with this earlier.

The 1973 files had been returned to the Library and I had to wait for them to be sent back here again.

Alina Walle

O Walker (Ms) Hong Kong Department WH 312 233 3988

CODE 18-77

16 October 1985

CONFIDENTIAL

4+KK 382

RECEIVED IN REGISTRY

29 OCT 1985

DESK OFFICER

INDEX

REGISTRY

un Tak **

ке

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