· A
B
G.S. 166
12.5
INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1980
Introduction
Annexed for the consideration of Members are the Prevention of Bribery (Amendment) Bill 1980 (at Annex A) and the Independent Com- mission Against Corruption (Amendment) Bill 1980 (At Annex B).
Members last gave detailed consideration, on 20th January 1976, to the two principal Ordinances under which the Independent Commission Against Corruption operates, following which a number of important amendments were made to the Prevention of Bribery Ordinance and the Independent Commission Against Corruption Ordinance.
2
Experience since then has shown the need for further amendments. The amendments proposed in this memorandum will ensure that the Commission will continue to have the powers which are necessary to enable it to carry out its task.
PREVENTION OF BRIBERY (AMENDMENT) BILL 1980
Definitions of "Banker's Books'
"Company Books" and "Document"
3
Investigation by the Commission in most cases requires examination of bank accounts and, in some cases, of company books. The existing definitions of "banker's books" and "company books" in section 2 of the Prevention of Bribery Ordinance, do not encompass reports, letters, or other documents which may be used in the ordinary business of the bank or of the company, and are in other ways deficient. It is therefore proposed in clause 2 to widen both definitions, and to include in the Ordinance a definition of "document".
Overseas payments
4
Section 4(2) of the principal Ordinance makes it an offence for a public servant to solicit or accept, without lawful authority or reasonable excuse, any advantage as an inducement to abuse his
CONFIDENTIAL
機密
Page 105Page 106