CONFIDENTIAL
For discussion
on 8th July 1969
XCC(69)32
Copy No....of 26
MEMORANDUM FOR EXECUTIVE COUNCIL
PREVENTION OF BRIBERY BILL 1969
Introduction
Corruption exists in Hong Kong in all walks of life and
it is constantly the concern of the Government to take all possible measures to counter it. Public attention tends to focus on the Public Service and to regard the Service as the area in which it most frequently occurs. This is an unfair reflection on the great majority of civil servants who are loyal, devoted and honest in the performance of their duties. It must also be remembered that in the majority of cases where corruption does occur the fault is not by any means on one side only.
2
The present Prevention of Corruption Ordinance (referred to as "Chapter 215") makes corruption an offence if committed by a civil servant or any other member of the community. The conduct of civil servants is in addition governed by the Colonial Regulations (which are directions given by the Crown through the Secretary of State for Foreign and Commonwealth Affairs), by the Hong Kong Govern- ment's Establishment Regulations and by their individual Departmental Instructions.
3
In recent years it has been felt that progress in dealing with corruption has been unsatisfactory and the conclusion was reached that the reason lies to a large extent in the inadequacy of the existing law.
4
Accordingly, consideration was given in 1968 to the amendment of Chapter 215 with a view to strengthening the provisions contained therein. Separate action is being taken to revise disciplinary procedures in the Public Service, which at present lay too much emphasis on formality and on a quasi-legal approach.
6
Anti-corruption legislation in Singapore and Ceylon (both countries with serious corruption problems) contains a number of more stringent provisions which would, it is thought, be of considerable help in countering corruption here.
7
A Crown Counsel and a Police Officer were sent to Singapore, and the Attorney General visited Ceylon, to study the practical application of local legislation and generally to ascertain the methods used there to detect and prosecute corruption offences.
CONFIDENTIAL
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