WEDNESDAY, MAY 28, 1980
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IT ALSO PROPOSES TO GIVE STATUTORY PROTECTION TO INFORMERS AND TO GIVE THE COURTS POWERS TO PROHIBIT THE EMPLOYMENT OF PERSONS CONVICTED OF SERIOUS CORRUPTION OFFENCES AS A DIRECTOR, PARTNER OR MANAGER OR SOME OTHER MANAGERIAL POSITION FOR A PERIOD NOT EXCEEDING SEVEN YEARS, HE EXPLAINED.
UNDER THE PROPOSED AMENDMENTS, NEW DEFINITIONS WILL BE GIVEN TO BANKER'S AND COMPANY'S BOOKS TO BRING THEM AND OTHER DOCUMENTS, INCLUDING COMPUTER RECORDS, IN THE POSSESSION OF A BANK OR COMPANY, UNDER INVESTIGATION BY THE ICAC.
ANOTHER AMENDMENT MAKES IT AN OFFENCE FOR A PUBLIC SERVANT TO SOLICIT AND ACCEPT WITHOUT AUTHORITY ANY ADVANTAGE EVEN OUTS IDE HONG KONG, AS AN INDUCEMENT TO ABUSE HIS OFFICIAL POSITION.
HOWEVER, UNDER THE BILL, THE MANAGEMENT OF PUBLIC BODIES WILL BE ABLE TO GIVE APPROPRIATE LIMITED PERMISSION IN WRITING TO THE IR EMPLOYEES TO ACCEPT ADVANTAGES WHICH RELATE TO THEIR EMPLOYMENT, WHEN IN THEIR JUDGEMENT IT IS RIGHT TO DO SO.
THE AMENDMENT BILL ALSO CREATES A NEW SECTION IN THE LAW SO THAT ANY PERSON WHO IS CONVICTED OF CONSPIRACY TO COMMIT A SERIOUS CORRUPTION OFFENCE SHALL BE DEALT WITH AND PUNISHED AS IF HE WERE CONVICTED OF AN OFFENCE UNDER THE ORDINANCE. THE NEW SECTION WILL ALSO ENABLE OFFICERS OF THE ICAC WHEN INVESTIGATING A CONSPIRACY TO USE POWERS OF INVESTIGATION UNDER THE ORDINANCE.
A FURTHER AMENDMENT EXTENDS FROM ONE TO THREE YEARS THE PRESENT PERIOD OF LIMITATION FOR A SUSPECT TO ANSWER QUESTIONS DIRECTED AT HIM BY A WRITTEN NOTICE.
AT THE SAME TIME THE ICAC IS TO BE GIVEN POWER TO SEEK INFORMATION WHICH IS NOT ONLY IN THE POSSESSION OF THE PERSON FROM WHOM IT IS SOUGHT BUT TO WHICH HE ALSO HAS ACCESS.
OTHER CHANGES TO THE LAW INCLUDE THE REMOVAL OF ANY DOUBT AS TO WHETHER A SUSPECT CAN DRAW MONEY FROM HIS BANK ACCOUNT WHEN HE IS SUBJECT TO A RESTRICTION UNDER THE LAW THE MAKING OF NOTICES AND COURT ORDERS REGISTRABLE IN THE LAND OFFICE SO AS TO ALERT PERSONS PROPOSING TO BUY A FLAT OR A HOUSE FROM A SUSPECT OR FROM A THIRD PARTY WHO IS HOLDING PROPERTY FOR A SUSPECT- AND THE POSSIBILITY OF APPLICATION BY THE ICAC TO THE COURT FOR EXTENSIONS OF AN INVESTIGATION ORDER TO BEYOND THE PRESENT NINE MONTHS WITHOUT BRINGING ON A PROSECUTION.
ICAC OFFICERS WOULD ALSO BE ABLE TO DETAIN PERSONS FOUND IN PLACES BEING SEARCHED, FOR AS LONG AS TWO TO THREE HOURS.
ALSO INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY WAS THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1980, WHICH PROPOSES TO ADD TO THE CATEGORIES OF OFFENCES IN WHICH ICÁC OFFICERS MAY EXERCISE THEIR POWERS OF ARREST. CASES INVOLVING THEFT OR FALSE ACCOUNTING, OR INVOLVING BLACKMAIL COMMITTED BY A CROWN SERVANT BY OR THROUGH THE MISUSE OF HIS OFFICE. OTHER FORMS OF BLACKMAIL WILL REMAIN THE RESPONSIBILITY OF THE POLICE.
DEBATE ON THE SECOND READING OF THE TWO BILLS WAS ADJOURNED,
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