239. In regard to the head of the new agency, UMELCO say:—
“... (he) should not be a member of the Police Force, but other than that, it would not matter whether he is a local resident or someone brought in from outside the Colony. . It would be desirable for him to have wide administrative experience and some knowledge of the law. It is not essential that he should be a lawyer although a lawyer who has the qualities listed above would be very suitable.”
Preventive Measures
240. All I have said so far relates to improving our methods of detecting and dealing with corruption. But prevention is better than cure. Indeed, having regard to the tremendous difficulties involved in the in- vestigation of corruption cases, prevention is all-important. Primarily the responsibility for this rests on the heads of departments; but representations have been made to the Commission that certain heads could do more towards reducing the opportunities for corruption and that Government should employ a Prevention of Corruption Officer on a full-time basis whose duties would be analogous to those of the Director of Audit, that is to say, to keep a constant check on departmental procedures to ensure that everything that is humanly possible is being done to reduce the opportunities for corruption. I realize that a great deal of useful informa- tion which emerges from the intelligence-gathering carried out by “A” Division of the A.C. Office is given by this division to departments. But any agency whose primary duty is crime detection should not also be asked to undertake crime prevention.
241. Summary of Conclusion and Recommendations.
(a) I have every reason to believe that what is regarded as corruption in the public service is widespread
throughout Hong Kong, particularly in commerce and industry.
(b) There are strong indications that there is a great deal of corruption in the public service, particularly in certain departments which come in close daily contact with the public. Most of the allegations received by the Commission concern the Police, Immigration, Housing, Public Works, Fire Services, Urban Services, Commerce and Industry, and Labour Departments and the New Territories Administration.
(c) Despite the increased powers of investigation conferred by the Prevention of Bribery Ordinance, so far there are no signs that the A.C. Office have achieved any major break-through in the battle against corruption (paragraphs 72-81). The public allege that the reason for this is that the Anti-Corruption Office itself is corrupt. No person, or body of persons, was on trial before this Commission; and therefore I say no more about that allegation. There was evidence that too much time has been spent on intelligence-gathering by "A" Division and not enough time spent by "C" Division investigating individual targets with a view to prosecutions under section 10. The Target Committee has directed that "C" Division should be strengthened; and more effort is now being made to bring prosecutions under section 10. There was also evidence that the Attorney General was determined to fulfil his promise to Legislative Council that the increased powers of investigation conferred upon him by the Ordinance would not be abused. There is no doubt that both he and his Assistants have acted cautiously-in my respectful opinion, over- cautiously.
(d) Bribery is probably the most difficult of all offences to detect and prosecute successfully in the courts. Any law-enforcement agency entrusted with this difficult job deserves all the assistance which the Legislature feels it can reasonably give. I therefore recommend that the Prevention of Bribery Ordinance be amended as follows:-
Section 10. I recommend the enactment of a provision on the lines of section 21(2) the effect of which would be that the accused would be presumed (until the contrary is proved) to be in control of pecuniary resources or property if such
“are or were held by any other person who, having regard to his relationship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property in trust for or otherwise on behalf of the accused or as a gift from the accused." If possible, the presumption should also be made to cover the maintenance of a standard of living by the officer's near relatives, mistress, etc. not commensurate with the officer's emolu- ments. (paragraph 126 above).
Section 12. I recommend that:
(1) the maximum penalty for an offence under section 10 be increased to a level not less than for offences under sections 5 and 6. (paragraph 130);
52