HONG KONG LEGISLATIVE COUNCIL
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21st October 1970.
TORNEY GENERAL] Prevention of Bribery Bill-second
reading
will be $20,000 and one year's imprisonment. This is because, in order to constitute an offence under clause 3 it is not necessary for the Posecution to establish any corrupt motive and consequently it is ught that the penalties provided for offences with such an element would be excessive for those under this particular clause.
However severe the penalty may be for an offence, it is unlikely to act as an effective deterrent, unless persons tempted to commit it are convinced that there is a substantial risk that they will be detected, prosecuted and punished. Furthermore, there is no doubt that many who have made large sums by bribery in past years are free to enjoy their profits because of the inadequacy of the present powers of investigation. For these reasons, I believe that, if any real progress i to be made in the reduction of bribery, those responsible for the de...tion of these offences must be given the enhanced powers of investigation contained in Part III, unpalatable as some of them may seem. I some infringement of traditional liberties and privacy is in- volved, then I believe it is a price which the community ought to be prepared to pay, if it really wishes to see corruption ousted from our public life. If it is not ready to surrender some of these liberties, then it cannot easily, in the future, complain that the Government is reluctant to tackle the evil with sufficient vigour.
Chapter 215 already empowers me, if satisfied that there are reasonable grounds for suspecting an offence, to search the bank account, share account and purchase account of a suspect. Clause 13 of this bill extends this power, so as to enable me to authorize the investigation and inspection of all kinds of account, safe deposits and books and to require the production of accounts, books and documents, whether they relate to the suspect or to other persons, if I am satisfied that there are reasonable grounds for suspecting that an offence has been comitied under the bill. It is to be noticed that there can be no
el authorization under this clause. It must relate to a person nd or otherwise identified in the authorization. The powers con- fo by it will be exercisable only by a police officer of or above the of seni inspector or by a named public servant. However,
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: sons who are bound by the secrecy provisions contained in the Inland ue Ordinance and legal advisers, so far as privileged information cerned, cannot be required to comply with a notice under clause 13.
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Clause 14 will permit me to require information of the kind in the clause, in the course of any investigation or pro- s under the bill, from a suspect, or from any other person who gable to help or who appears to have information about the offence. Under this clause, information can be required from the
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