G.F. 323 0003230
機密
CONFIDENTIAL #2
Explanatory Memorandum
This Bill amends the principal Ordinance to give effect
to the decision to transfer powers of investigation under the
principal Ordinance to the Commission Against Corruption,
It also adopts recommendations made by Sir Alastair Blair-Kerr in
the Second Report of the Commission of Inquiry into Corruption.
amends section 10 of the principal Ordinance by
introducing a rebuttable presumption that the wealth of a person who
had a close relationship with a person charged with an offence under
subsection (1)(b) shall be deemed to be that of the accused if there
is reason to believe that that person holds such wealth in trust for
or otherwise on behalf or as a gift from the accused.
Clause 4 follows the recommendation of the Commission of
Inquiry that the penalties for certain offences against the
Ordinance should be increased. Paragraph (c) of this clause will
enable a court to order the confiscation of such part of the
unexplained wealth of a person convicted of an offence under
section 10(1)(b) as it thinks fit.
Clause 6 amends section 14 of the principal Ordinance and
dopts the recommendation that the failure of any person to answer
a notice served under that section should be an offence. The making
of a wilfully false answer to such a notice will also become an offence.
Clause 7 introduces four new sections into the Ordinance
for the purpose of restricting the dealing with property of a person
CONFIDENTIAL
機密