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Wednesday, April 7, 1976
PAYMENT OF COMMISSIONS: CORRECT POSITION RE-STATED
The recent frequent prosecutions involving the payment
of secret commissions was due to the greater willingness of the
public to report such cases to the ICAC, and not to a change in
the law, the Colonial Secretary, the Hon. Sir Denys Roberts,
told the Legislative Council today.
Speaking in the resumed budget debate, he said this
was surely a healthy sign that the community was beginning to
realise that all forms of corrupt conduct were objectionable and
should be suppressed.
Pointing out that a number of recent cases had attracted
wide-spread publicity and revealed a general misunderstanding of
the law governing them, he said it was worth re-stating the
correct position.
He explained that if an agent or employee, whether he
is buying or selling on behalf of his principal or employer,
accepts a commission, rebate, discount, or kick-back, for his own
benefit and without the permission of his principal or employer,
he is guilty of corruption.
"And so he should be, for he is deceiving his employer
or principal and either depriving the latter of a benefit which
should go to the employer or pocketing part of the price which
should go to him.
"Similarly, if a person offers a secret advantage to an
agent or employee, for doing anyting in relation to the affairs
of the latter's principal or employer, he is guilty of corruption.
/Again......................
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