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PREVENTION OF BRIBERY BILL
17. Clause 12. Under Cap. 215 the maximum general penalty is a fine of $5,000 and imprisonment for 2 years on summary conviction or, on conviction on indictment, a fine of $10,000 and imprisonment for 5 years. Under clause 12, the maximum general penalty will be a fine of $10,000 and imprisonment for 3 years on summary conviction or, on conviction on indictment, a fine of $20,000 and imprisonment for 7 years. However, for offences under clauses 5 and 6 the maximum punishment will be 10 years. The provisions in Cap. 215 for compelling an accused, convicted of receiving a bribe, to pay up the same are retained, save that under this clause the power of the court to order him to do so will be mandatory and no longer discretionary.
Powers of Investigation (Part III).
18. It is primarily in relation to the powers of investigation that Cap. 215 is thought to be inadequate compared with those conferred by the legislation of other countries. It is believed that wider powers of investigation, unpalatable as they might be, are essential if corruption is to be combatted. Corruption, by its nature, is a clandestine offence, which can be committed with very little trace of its commission. Also, it seldom comes to light by complaint, because both parties are frequently "satisfied customers" and a party may well be reluctant to complain because this would disclose his own conduct in the transaction.
19. Clause 13 enables the Attorney General to authorize in writing a named police officer of or above the rank of Senior Inspec- tor, or a named public servant, to investigate, inspect, require the production of and obtain all information relating to any account, safe-deposit box, books or articles of or relating to any person who on reasonable grounds is suspected of having committed an offence under the Ordinance; and, for this purpose, to inquire from any source as to the whereabouts of such an account, box, book or article. Cap. 215 contains powers for the investigation of bank accounts, share accounts or purchase accounts, but clause 13 is in wider terms. Failure to comply, without reasonable excuse, with the requirement or obstruction of the police officer or other public servant under this clause will be an offence under subclause (3).
20. Clause 14 is new to Hong Kong. It will empower the Attorney General to require information, relative to the investiga- tions or proceedings under the Ordinance, from any person who is himself suspected of having committed an offence, from any other person who can assist the investigation or appear to be acquainted
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