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COMMISSIONS OF INQUIRY ORDINANCE CAP. 86
SECOND REPORT OF THE COMMISSION OF INQUIRY APPOINTED ON 13TH JUNE 1973 BY THE GOVERNOR IN COUNCIL, IN EXERCISE OF THE POWERS CONFERRED BY SECTION 2 OF THE COMMISSIONS OF INQUIRY ORDINANCE CAP. 86
1. Annexed to this report and marked "A" is a copy of the instrument appointing me Commissioner to inquire into the matters set out in paragraph 2 of the instrument, being, in the opinion of the Governor in Council, matters of public importance. The report of the Commission dated 3rd July 1973 dealt with the first of these matters, namely the circumstances in which a police officer named Peter Fitzroy GODBER, whose prosecution for an offence under section 10 of the Prevention of Bribery Ordinance was at an advanced stage of consideration, was able to leave Hong Kong. This second, and last, report deals with the remaining matters falling within the Commission's terms of reference, that is to say,
"in the light of experience of the working of the Prevention of Bribery Ordinance, and having regard also
to the need to preserve basic human rights under the law”,
the Commission is required to:-
"(i) report on the effectiveness of the Prevention of Bribery Ordinance and suggest amendments;
(ii) suggest any other changes in current arrangements considered necessary."
2. The expression "current arrangements" appears to include all the existing machinery by which the provisions of the Ordinance are applied and enforced, namely the Anti-Corruption Office of the Royal Hong Kong Police Force, the Advisory Committee on Corruption and the Target Committee on Corruption. It would therefore appear that the Commission is required to examine this machinery; and, if any changes are considered desirable, to make appropriate recommendations.
3. I shall also assume that the machinery for dealing with Crown servants, as a matter of internal discipline, is included in the expression “current arrangements"; and that this calls for an examination of Colonial Regulations 54-66, and also compulsory retirement in accordance with the provisions of subsection (2) of section 8 of the Pensions Ordinance Cap. 89.
4. My inquiries regarding the matters covered by the second term of reference did not involve any public hearings. I made several appeals through the news media for information which might be of some assistance; but, perhaps not surprisingly, this elicited little of direct value having regard to the terms of reference. However, I also addressed letters to a considerable number of individuals and official bodies. These included members of the Executive, Legislative and Urban Councils, the Heads of a number of Government departments, the City District Officers, and members of both branches of the Legal Profession in private practice. The response to these letters has been fairly good, and I take this opportunity of thanking those who have so kindly written to the Commission.
I also had informal discussions with the following:-
Mr. F. de F. STRATTON, O.B.E.
Sir Ronald HOLMES, C.M.G., C.B.E., M.C., E.D.,
M.A.
Mr. Charles P. SUTCLIFFE, C.B.E., Q.P.M., C.P.M.,
J.P.
Mr. Christopher J. R. DAWSON, Q.P.M., C.P.M.,
J.P.
Mr. Desmond O'Reilly MAYNE, Q.C.
Mrs. Elsie ELLIOTT
Mr. Patrick Yu
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Mr. A. SANGUINETTI
Mr. Raymond Moore
Mr. W. TURNBULL
Mr. Norman BARRYMAINE
Mr. MAK Pui-yuen
Mr. MAK Ping-on
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Principal Crown Counsel.
Chairman, Public Services Commission.
Commissioner of Police.
Deputy Commissioner of Police.
Director of Legal Aid.
Member of the Urban Council.
Barrister-at-Law.
Barrister-at-Law.
Solicitor, Deacons.
Solicitor, Deacons.
Publisher.
Members of the public.