CONFIDENTIAL
For discussion
on 6th October 1970
XCC(70)53
Copy No....of 29
MEMORANDUM FOR EXECUTIVE COUNCIL
PREVENTION OF BRIBERY BILL 1970
A
B
Honourable Members will recall that, following consideration of memorandum XCC(69)50, a copy of which is at Annex A, they advised and i the Acting Governor ordered that the Prevention of Bribery Bill 1970 was in' the formin which it should be introduced into the Legislative Council, subject to a number of amendments which are listed in the relevant Council Minute (A 433) dated 18th November 1969, a copy of which is at Annex B.
с
2
The various amendments referred to in Annex B were made and the bill submitted, in its amended form, to the Secretary of State for his approval, since it was recognised that the bill contained provisions, in particular clauses 3, 10, 13 and 14 which might be thought to infringe a number of important common law principles.
3
The Secretary of State has now given his approval to the bill, with the relatively minor amendments which are mentioned below and which have been incorporated in a revised draft bill, a copy of which is at Annex C.
Clause 2
Clause 3
Clause 13
It was pointed out that the definition of "public servant" in clause 2, as read with the Schedule, included employees of a number of public utility bodies and that some of the references in the bill to public servants ought to be confined to the narrower category of Crown servants in the employ of the Hong Kong Government. Consequently, new definition of "Crown servant" has been inserted in clause 2.
a
Previously this clause applied to any public servant, in the broad sense of the term. It is considered, however, on reflection that this clause should apply only to Crown servants, since the advantages that they may lawfully accept will have to be governed by circulars issued by the Governor. While this is appropriate in relation to Government servants, it is thought that it would not really be workable in relation to employees of public utility companies, or indeed to members of the Executive and Legislative Councils who would also be included if the narrower definition were not adopted for clause 3.
This clause empowered the Attorney General to authorise police officers and any "public servant" to carry out certain investigations and to exercise various powers. It is considered that only Crown servants ought to be given these powers under this clause, which has been amended accordingly.
CONFIDENTIAL