}
27
Broadly, that regulation says that when it appears to the Governor that any officer is maintaining a standard of living above that which is commensurate with his official emoluments, or is in control of pecuniary resources in excess of those emoluments, he may be called upon for an explanation; and if that explanation fails to satisfy the Governor, then a Tribunal is appointed to inquire into the matter; and tho Tribunal then reports to the Governor.
In 1968, a Working Party was set up to consider amendments to the then Prevention of Corruption Ordinance Cap.215; and this Working Party recommended that a new criminal offence on the lines of Establishment Regulation 444 be created.
It was to run like this:-
"(1) Any public servant who is or has been
(a) maintaining a standard of living above that which is commensurate with his official emoluments; or (b) in control of pecuniary resources
or property disproportionate to his official emoluments,
shall be guilty of an offence. (2) It shall be a defence to a charge under
sub-section (1) if the accused gives a satisfactory explanation as to how he is or has been able to maintain such a standard of living or how such pecuniary resources or property came under his control."
It was agreed that there should be a new Ordinance;
and the draftsman of what is now the Prevention of Bribery
Ordinance Cap.201 bogan his labours. In his first draft,
he prepared a provision which was basically what was recommended
above by the Working Party. This met with a certain amount of mild opposition locally; but that was nothing to what emanated from the Legal Advisers to the Secretary of State who were quite unable to see why the law of Hong Kong should be made to differ
from the law of England as regards corruption. One argument was
that there may be many Chinese civil servants who come from well-to-do families and whose standard of living reflects (and perfectly legitimately) the financial standing of the family
rather than their own salaries. It was argued that there may
be many reasons why an officer would not wish to explain in