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FRIDAY, MAY 16, 1980
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THE GRANTING OF ADDITIONAL EXTENSIONS OF RESTRAINING ORDERS ON PERSONS HOLDING PROPERTY FOR SUSPECTS.
+IT HAS BEEN FOUND THAT CERTAIN CORRUPTION OFFENCES CAN ONLY BE TRIED SUMMARILY AND THEREFORE A PROSECUTION MUST BE INSTITUTED WITHIN SIX MONTHS AFTER THE OFFENCE HAS OCCURRED, + THE SPOKESMAN SAID, IN VIEW OF THE TIME WHICH ELAPSES BEFORE THEY COME TO LIGHT, AND THE NATURE OF THE OFFENCES, IT IS PROPOSED TO EXTEND THE TIME LIMIT OF PROSECUTION ON A TOTAL OF ELEVEN OFFENCES TO VARIOUS PERIODS OF UP TO THREE YEARS,+
AMONG THE MOST SERIOUS CASES INVESTIGATED BY THE ICAC WERE THOSE INVOLVING CONSPIRACIES, THE SPOKESMAN POINTED OUT.
CHARGES OF CONSPIRACY ARE CURRENTLY BROUGHT UNDER COMMON LAW, WHICH PROVIDES FOR LESSER PENALTIES THAN FOR CORRUPTION OFFENCES. IT IS PROPOSED THAT, IN FUTURE, ANY PERSON CONVICTED OF CONSPIRACY INVOLVING SERIOUS CORRUPTION WILL BE DEALT WITH UNDER THE PREVENTION OF BRIBERY ORDINANCE.
UNDER EXISTING LEGISLATION, A PERSON CONVICTED OF A CORRUPTION OFFENCE IS DISQUALIFIED FROM BEING A MEMBER OF ANY PUBLIC BODY SPECIFIED IN THE SCHEDULE TO THE PRINCIPAL ORDINANCE.
+MOST OF THE BODIES LISTED ARE CORPORATIONS AND A 'MEMBER' OF A COMPANY MEANS A SHARE-HOLDER, THE SPOKESMAN EXPLAINED. +AS THE ORDINANCE WAS NOT AIMED AT PREVENTING A CONVICTED PERSON FROM BEING A SHARE-HOLDER, THE GOVERNMENT PROPOSES TO REMOVE THE PROHIBITION ON MEMBERSHIP OF SCHEDULED PUBLIC BODIES. THE PROHIBITION WILL STILL APPLY TO MEMBERSHIP OF THE EXECUTIVE, LEGISLATIVE AND URBAN COUNCILS AND OTHER GOVERNMENT-APPOINTED GROUPS.
+WHILE THIS EFFECTIVELY EXCLUDES EMPLOYEES IN THE PRIVATE SECTOR, A PROPOSED NEW SECTION OF THE ORDINANCE WILL EMPOWER THE COURTS TO PROHIBIT THE EMPLOYMENT OF CONVICTED PERSONS AS DIRECTORS OR IN OTHER MANAGERIAL POSITIONS WHERE THE COURTS CONSIDER IT IN THE PUBLIC INTEREST TO DO SO.+
THE MAXIMUM PERIOD OF THE ORDER WOULD BE SEVEN YEARS DURING WHICH PERSONS AFFECTED MAY APPLY TO THE COURTS TO HAVE IT VARIED OR CANCELLED. CONTRAVENTION OF THE COURT ORDER WOULD BE PUNISHABLE BY A FINE OF $50 000 AND IMPRISONMENT FOR UP TO 12 MONTHS.
THE REVIEW OF THE PREVENTION OF BRIBERY ORDINANCE ALSO COVERED PENALTIES FOR VARIOUS SERIOUS CORRUPTION OFFENCES WHICH HAVE REMAINED UNCHANGED SINCE 1974.
+TAKING INTO ACCOUNT THE GREAT WEALTH THAT CAN BE ACCUMULATED THROUGH CORRUPTION AS EVIDENCED IN COURT CASES SINCE THAT TIME, SUBSTANTIAL INCREASES IN THE PENALTIES ARE REQUIRED IF THEY ARE TO HAVE A DETERRENT OR PUNITIVE EFFECT, THE SPOKESMAN SAID.
'THE PROPOSALS PROVIDE FOR THE MAXIMUM FINE ON A CONVICTION ON INDICTMENT TO BE RAISED FROM $100 000 TO $500 000, AND ON A SUMMARY CONVICTION FROM $50 000 TO $100 000.
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