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Wednesday, August 1, 1973
ANTI-BRIBERY BILL PASSED
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The Prevention of Bribery (Amendment) Bill 1973 passed all three
readings in the Legislative Council today closing certain loopholes
in the existing ordinance as recommended by the Blair-Kerr Commission.
Under the bill, the Attorney General will no longer be required
to notify a person that consideration is being given to his prosecution
for an offence under section 10 (2), or to afford such a person an
opportunity to make representations.
Explaining the circumstances in which the original clause was
introduced, the acting Attorney General, the Hon. J. Hobley, told the
council that the proposal to introduce the two "unique" offences under
section 10(1) had provoked considerable opposition in many quarters, both
in Hong Kong and elsewhere.
The suggestion that a suspect should be given an opportunity to
make representations before a prosecution was instituted was therefore put
forward to reassure opponents of the proposal and others that innocent
persons would not be charged unjustifiably.'
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This made the introduction of the section more generally acceptable,
he said. "It was, in short, a compromise solution, undoubtedly engendered
by an awareness of the originality and unusual nature of the offences."
Although suspects will no longer be given an opportunity to make
representations before a prosecution is instituted, the Director of the
Anti-Corruption Office or the Attorney General may afford the suspect with
such an opportunity if it seems appropriate in any particular case.
The consent ......