0003230
G.7. 323
CONFIDENTIAL
Explanatory Memorandum
The need to root out corruption in the Colony has long been
recognized, but despite continuous efforts towards this end success has
been moderate only. In order to find out the reason for this, the
Prevention of Corruption Ordinance (Cap. 215) which is based to a large
extent on English statutes of 1889, 1906 and 1916, has been compared with
the more recent legislation of other countries where corruption has
been a problem.
2.
As a result of this study it is considered that Cap. 215 is inadequate
in several important respects and that a new Ordinance is required,
containing new powers to deal with the problem.
3. The Bill is divided into 5 Parts dealing, respectively, with
Preliminary Matters, Offences, Powers of Investigation, Evidence and
Miscellaneous matters.
Preliminary Matters (Part I).
4.
This Part contains, in clause 2, definitions of the more important
words and expressions used throughout the Bill. References to these
definitions are made in the comments on individual clauses.
Offences (Part II)
5. This Part creates all those offences which come under the general
description of corruption or bribery.
6. Clause 3 prohibits a public servant from soliciting or accepting
any advantage (which is widely defined) without having some lawful
authority or reasonable excuse for so doing. Unlike the position under
the existing legislation, the advantage, under this clause, does not
necessarily have to be solicited or accepted as an inducement to, or
reward for or otherwise on account of, the doing or not doing of anything
by the public servant. A mere indication of willingness to receive an
advantage amounts to soliciting and a mere agreement to take, receive
or obtain an advantage amounts to accepting the advantage within the
meaning of this, and the other clauses, by reason of the definitions
in clause 2(2).
CONFIDENTIAL