CONFIDENTIAL
For discussion
on 15th January 1974
機密
XCC(74)5
Copy No
38.
MEMORANDUM FOR EXECUTIVE COUNCIL
INDEPENDENT COMMISSION AGAINST
CORRUPTION BILL 1974
Honourable Members will recall that on 25th September 1973 they expressed the opinion that a separate anti-corruption organisa- tion should be established with a civilian as Commissioner. The Commission would have an operations unit which would investigate corruption more vigorously than had been possible hitherto, It would also have a civil section which would devote attention to the prevention of corruption and to the education of the public against it. Members approved the recruitment of senior personnel for the Commission from abroad and noted that initially the operations unit of the Commission would be staffed to some extent by seconded police officers so as to ensure continuity.
2
In his speech to the Legislative Council on 17th October 1973, the Governor announced this decision and emphasised that his intention was that the Commissioner's impartiality and freedom from official pressures and influence should be demonstrated by his position being apart from the civil service.
3
In his speech to the Legislative Council on 29th November 1973, the Colonial Secretary stated that, in order to emphasise the fact that the Commission will not be another department of Government, it was intended to establish it as an independent statutory body, though naturally, since it will be financed wholly from Government funds, the Commission's estimates will be subject to the approval of the Governor. He also said, inter alia, that:
(a)
(b)
(c)
the ordinance under which the Commission will be formally constituted will provide that the Commissioner should be subject to the control and direction of the Governor;
the appointment of the Commissioner and some of the most senior officers of the Commission will be made by, or subject to the approval of, the Governor;
the selection of staff will generally be carried out by the Commissioner and such appointments will not be subject to the advice of the PSC; and
C.S. 166
CONFIDENTIAL
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