1
FRIDAY, MAY 15, 1987
PROPOSED AMENDMENTS TO ANTI-CORRUPTION LAWS
*****
HONG KONG'S ANTI-CORRUPTION LAWS MAY BE FURTHER STRENGTHENED WITH THE INTRODUCTION OF A NUMBER OF AMENDMENTS TO THE TWO PRINCIPAL ORDINANCES UNDER WHICH THE ICAC OPERATES.
THE PROPOSED CHANGES ARE CONTAINED IN THE PREVENTION OF BRIBERY (AMENDMENT) BILL 1987 AND THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1987 WHICH WERE PUBLISHED IN THE GOVERNMENT GAZETTE TODAY.
AN ICAC SPOKESMAN SAID TODAY THAT THE COMMISSION REGULARLY REVIEWS THE TWO ORDINANCES AND FROM TIME TO TIME, WITH THE APPROVAL OF THE ATTORNEY GENERAL, PROPOSES GENERAL AMENDMENTS WITH A VIEW TO IMPROVING AND ENSURING THE CONTINUING EFFECTIVENESS OF THE LEGISLATION.
THE PRESENT PROPOSALS HAVE BEEN DRAWN UP FOLLOWING FULL CONSULTATION WITH THE JUDICIARY, THE FOREIGN AND COMMONWEALTH OFFICE, THE OMELCO STANDING PANEL ON SECURITY, THE BAR ASSOCIATION, THE LAW SOCIETY AND THE SIX EDUCATIONAL INSTITUTIONS LISTED IN THE PREVENTION OF BRIBERY ORDINANCE'S SCHEDULE OF PUBLIC BODIES.
ONE OF THE PROPOSED AMENDMENTS PROVIDES FOR A CLEARER
DEFINITION OF +PUBLIC SERVANT.
THE SPOKESMAN SAID THAT AT PRESENT ANY MEMBER OF A PUBLIC BODY+ IS A PUBLIC SERVANT+ FOR THE PURPOSES OF THE PREVENTION OF BRIBERY ORDINANCE, AND IN PARTICULAR FOR THE PURPOSES OF VARIOUS OFFENCES INVOLVING THE OFFERING OR ACCEPTANCE OF ADVANTAGES. THE TERM +MEMBER+ IS EXTREMELY WIDE WHEN APPLIED TO CLUBS, ASSOCIATIONS AND EDUCATIONAL INSTITUTIONS, SEVERAL OF WHICH ARE +PUBLIC BODIES+ UNDER THE ORDINANCE.
ANY PERSON WITH A RIGHT TO YOTE, AND SOMETIMES EVEN UPON PAYMENT OF A SUBSCRIPTION, MAY BE A MEMBER OF A CLUB OR ASSOCIATION WHICH IS A PUBLIC BODY AND ALL UNDERGRADUATES AND GRADUATES OF A UNIVERSITY OR COLLEGE, MAY BE MEMBERS OF THAT INSTITUTION.
+ IT IS CONTRARY TO THE SPIRIT OF THE LEGISLATION THAT SUCH PERSONS SHOULD BE AT RISK OF COMMITTING AN OFFENCE BASED UPON SO TENUOUS A CONNECTION WITH THE PUBLIC BODY AS MEMBERSHIP ALONE,+ THE SPOKESMAN SAID.
/ACCORDINGLY, IT