HONG KONG
LEGAL REPORT
Enclosure No.2
THE INDEPENDENT COMMISSION AGAINST CORRUPTION
(AMENDMENT) ORDINANCE 1980 (No. 27 of 1980)
This Ordinance amends the Independent Commission Against Corruption Ordinance by extending the powers of arrest to a number of offences frequently associated with corruption or disclosed in the course of investigations and by widening the duties of the Commission. The Bill also establishes a Welfare Fund and makes a number of miscellaneous amendments which experience has shown to be desirable.
2.
An offence that is closely associated with corruption is that of blackmail committed by a Crown servant when it involves the misuse of his office. Because of this close association, it is considered desirable that Commission officers should be able to arrest, without warrant, any Crown servant reasonably suspected of committing that type of blackmail offence. section 2(a) amends section 10(1) of the principal Ordinance accordingly.
3.
Investigations into corruption offences frequently reveal that other offences may have been committed. A Commission officer can arrest a person whom he reasonably suspects of committing another offence if it is one set out in section 10(5) of the principal Ordinance.
Among the
offences disclosed in the course of investigations and not formerly set out are the offences of theft and false accounting. Section 2(b) amends section 10(5) by adding these offences, and a conspiracy or an attempt to commit either of them.
4.
The power to detain or bail suspects under section 10A of the principal Ordinance is set at the level of assistant director of the Commission, of whom there are three. Section 3 amends section 10A by providing that the power may be exercised by an officer of or above the rank of senior Commission Against Corruption officer.
5.
section 4 amends section 10C of the principal Ordinance, which provides powers to search premises, by empowering the officer authorized to carry out a search to detain any person found in the premises or place until the search is completed. However, a person can only be detained for a maximum of 3 hours from first entry unless he is otherwise arrested.
6.
Section 5 extended the duty of the Commission to investigate certain offences to include any alleged or suspected conspiracy to commit an offence under the Prevention of Bribery Ordinance and any alleged or suspected offence of blackmail