XCC(69)32
CONFIDENTIAL
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8
These officers submitted reports on their return and subsequently an official working party was appointed to consider amendments to the Hong Kong legislation based on the experience of Ceylon and Singapore,
9
The Working Party found the provisions of the existing legislation to be largely inadequate especially in relation to:
(a)
the powers of investigation into alleged offences under the Ordinance;
(b)
the difficulty of discharging the initial
burden of proc? which lies on the prosecution;
10
(c)
the provisions relating to the reception by the Courts of the evidence of accomplices,
The Working Party submitted its report in the form of a Prevention of Bribery Bill 1969. The bill was produced not as a drafting measure but as a convenient method of submitting its view that no useful purpose would be gained by amending existing legislation and that, if corruption was to be successfully countered, new legislation was imperative.
11
Copies of the bill were passed to those Heads of Govern- ments most concerned for their views. In the light of these views a second draft was prep red and submitted to the Advisory Committee on Corruption for consideration.
12
The terms of Reference of this Committee are as follows: "to consider and to keep under review the incidence of and the problems presented by corruption in relation to the Public Service and to make recommendations from time to time.
1!
13
A
B
As the result of suggestions made by the Committee a further draft of the Prevention of Bribery Bill 1969 was prepared (Annex A). The recommendations of the Advisory Committee on Corruption with regard to the bill appear at Annex B in a letter to His Excellen cy the Governor. It recommends, subject to the amendment of two clauses which will be referred to later (in paragraph 15) that the bill be considered with a view to its becoming part of the law of Hong Kong.
14
The reports of the officers who visited Singapore and Ceylon and the report of the Working Party which was set up on their return have not been annexed because such considerable amendments have been made to the original draft bill which was based on these reports. However copies of the Reports will be made available to Honourable Members should they wish to see them.
CONFIDENTIAL