SECRET
XCS(73)10
2.
(b) proposals to amend Colonial Regulations and revise current
practice in the field of disciplinary procedures;
(c) views on the future of the investigatory and advisory
bodies concerned with corruption; and
(d)
miscellaneous.
Prevention of Bribery Ordinance
5 (a) Section 10 of the Prevention of Bribery Ordinance (Annexure C to the report) to be amended to include a provision that, where a near relative, mistress or girl-friend of
an officer is shown to possess or have possessed
resources or maintained a standard of living disproportionate to the apparent means of the near relative etc. and there
is reason to believe that those resources are held on behalf of the officer, there will be a rebuttable
presumption that the officer was in control of such resources (paragraphs 120-126).
(b) Additional provision should be made under section 12:
(i) for the forfeiture of resources which an officer convicted
of an offence under section 10 has not explained satisfactorily;
(ii) to prevent banks, without the Attorney General's consent,
from honouring instructions by a suspect to dispose of his assets;
(iii) for the forfeiture of any "advantage" received by an officer convicted of an offence under section 3 (paragraphs 127 and 131-139).
(c) The maximum penalty for an offence under section 10
should be increased to a level not less than that for offences under sections 5 and 6, which is at present a fine of $100,000 and 10 years imprisonment (paragraph 128-130).
(d) Under section 13, power should be conferred on the Attorney
General, or the Director of the Anti-Corruption Office, to order the scrutiny of the bank accounts of Crown servants, irrespective of any question of a suspected offence (paragraph 140-147).
(e) Under section 14, it should be an offence for a suspect to
fail to comply with a notice issued by the Attorney General (paragraph 140-154).
SECRET