15-MAR-1991 16:04
DIRECTOR OF ADM.
852 877 0802 F.03
(B)
(C)
(D)
2
As
for (e), the Corruption Prevention Department of ICAC will arrange a briefing for Team members in mid-June when the
the whole team is established in Hong Kong. Mr Douglas Roots advised that section 9 of the Prevention of Bribery Ordinance (Cap 201) would be applicable to Team members.
Since they are UK Government employees and will not be Crown Servants as defined in the Ordinance, other parts of the Ordinance and other relevant regulations such as the Acceptance of Advantages (Governor's Permission) Notice 1981 (ANN) and Civil Service Regulations (CSRs) 431 to 436 will not apply to them directly. Nevertheless, disciplinary offences under the rules of the British Civil Service would be created if Team members were instructed that they would be expected to observe the provisions of the ANN and relevant CSRS during their duty tour in Hong Kong.
Mr Roots suggested that before their actual performance of duties in Hong Kong, clear and unequivocal written instructions should be given to Team members -
(a) that they may not accept advantages as defined
in section 2 of
the Prevention of Bribery Ordinance (Cap 201); and
(b)
that the provisions
of the ANN and CSRs 431 to
436 will be applicable to them.
It would be helpful if a copy of the British Civil Service rules governing the conduct of its employees and the instructions on the above, when issued, could be provided to us for information and record.
If you have any
clarify or discuss further, contact me.
points that you would like to please do not hesitate to
CC
Gam esse,
Cosse
(Mrs Lessie Wei)
for Director of Administration
Mr Alan Paul, HKD, FCO Mrs. Judy Ching, Imm Dept Mr. Douglas Roots, ICAC
TOTAL P.03