HONG KONG LEGISLATIVE COUNCIL
香港立法局 -一九八九年七月十二日
12 July 1989
79
The words of "suspecting" and "having reasonable grounds to believe" and the implication therefrom have been a subject of discussion between the ad hoc group and the Administration. In this connection, the banking sector has also expressed deep concern about the word "suspecting" which would render bank employees liable for an offence if they entered into a transaction suspecting the customer concerned is involved in drug trafficking. The proposed replacement of "suspecting" by "having reasonable grounds to believe", which being an objective test of one's judgement, would give better protection to the banking
sector.
In clause 25(3)(b), the inclusion of "or by rules of professional conduct" would extend the protection to cover breach of professional ethnics or business etiquette from which no legal consequences might arise.
Sir, with these remarks, I beg to move.
Proposed amendment
Clause 25
That clause 25 be further amended
(a) in subclause (1) by deleting "suspecting" and substituting "having
reasonable grounds to believe"; and
(b) in subclause (3) (b) by adding "or by rules of professional conduct" after
"contract".
Question on the amendment proposed, put and agreed to.
Question on clause 25, as amended, proposed, put and agreed to.
Clause 26
1
MISS TAM: Sir, I move that clause 26 be amended as set out under my name in the paper circulated to Members.
The proposed amendment to subclause 7(c) is to make provision for broadcasting other than in a "programme". In subclause (9), the proposed
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