CONFIDENTIAL
機密
XCC(74)4
7
2
Clause 7 introduces four new sections which implement recommendation in paragraph 135 of the Second Blair-Kerr Report that the assets of a suspect can be "frozen". The position of assets in the direct control of the suspect is dealt with under the new section 14A and will be effected by a notice issued by the Commissioner to the suspect. Assets of a suspect under the control of a third party, such as a bank, are dealt with under the new section 14B, which provides for the making of restraining orders by the District Court upon the application of the Commissioner of the Commission Against Corruption. In both situations the suspect will be able to apply for permission to deal with an asset subject to a notice or a restraining order and the Commissioner, or the court, as the case may be, will have power to grant permission subject to conditions to safeguard the interests of the suspect and of any third parties while preserving the estate of the suspect from being dissipated.
8
Clause 13 of the bill seeks to modify the strictness of section 30 of the principal ordinance which forbids the disclosure of the identity of a person under investigation under the ordinance.
9
Consideration of the proposal made in paragraph 165 of the Second Blair-Kerr Report for the amendment of section 26 of the principal ordinance has been deferred until the general application of the principle advocated by the United Kingdom Criminal Law Revision Committee has been studied further.
10
Honourable Members will be asked to advise whether the Prevention of Bribery (Amendment) Bill 1974 should be introduced into the Legislative Council.
(The Commissioner of the Commission Against Corruption (Mr J. CATER), the Deputy Commissioner of the Commission Against Corruption (Mr J. PRENDER GAST) and the Assistant to the Law Officers (Mr B.A. SCEATS) will attend before the Council for the discussion of this item).
9th January 1974
(SCR 53/4266/73 and CAC 3/1/3)
C.S. 166
CONFIDENTIAL
COUNCIL CHAMBER
機密