WEDNESDAY, JANUARY 23, 1991
10
'QUESTIONS COULD ARISE AS TO THE DISPOSAL OF ANY UNSPENT DONATIONS, THESE MAY ARISE ON THE DEATH OF A CANDIDATE; ON HIS OR HER WITHDRAWAL FROM AN ELECTION; WHEN THE TOTAL AMOUNT RECEIVED IS IN EXCESS OF THE PERMISSIBLE LIMIT; OR WHEN THERE ARE DONATIONS SURPLUS TO REQUIREMENTS.
'IT IS CONSIDERED THAT THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE SHOULD CONTAIN A PROVISION WHICH WOULD CLEARLY SET OUT THE ALTERNATIVE MEANS OF DISPOSAL OF ANY UNSPENT OR SURPLUS DONATIONS,
"CLAUSE 3 OF THE BILL PROPOSES THAT SUCH DONATIONS SHOULD TO THE DONOR IF THIS IS BOTH PRACTICABLE AND IS THE WISH
OTHERWISE THE DONATIONS SHOULD BE GIVEN TO CHARITY,
BE
OF
*
HE
RETURNED THE DONOR; SAID.
TURNING TO DECLARATION OF DONATIONS BY INCUMBENT MEMBERS OF THE THREE-TIER REPRESENTATIVE GOVERNMENT,
THE MR MATHEWS SAID LEGISLATIVE COUNCIL, THE MUNICIPAL COUNCILS AND THE DISTRICT BOARDS OF WERE INCLUDED IN THE DEFINITION OF "PUBLIC BODY" IN THE PREVENTION BRIBERY ORDINANCE.
A MEMBER OF THOSE BODIES FELL WITHIN "PUBLIC SERVANT" UNDER SECTION 2 OF THAT ORDINANCE.
THE DEFINITION
OF
BY REASON OF SECTION 4 OF THAT ORDINANCE, INCUMBENT MEMBERS OF THE LEGISLATIVE COUNCIL, MUNICIPAL COUNCILS AND DISTRICT BOARDS MIGHT NOT ACCEPT OR SOLICIT DONATIONS FOR POLITICAL OR ELECTION PURPOSES.
ANY SUCH DONATION WOULD CONSTITUTE AN ADVANTAGE AND, AS SUCH, ITS OFFER OR ACCEPTANCE MIGHT CONSTITUTE AN OFFENCE, THE ATTORNEY GENERAL SAID.
"IT IS CLEARLY UNSATISFACTORY THAT THE PAYMENT TO, OR RECEIPT BY, INCUMBENT MEMBERS OF ELECTION EXPENSE DONATIONS SHOULD AMOUNT TO A CRIMINAL OFFENCE," MR MATHEWS SAID.
"TO DEAL WITH THIS PROBLEM THE BILL AMENDS THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE SO THAT AN INTENDING CANDIDATE MAY DECLARE THE SOURCE AND AMOUNT OF EACH DONATION MADE TOWARDS HIS, OR ELECTION EXPENSES IN ADVANCE OF AN ELECTION.
HER,
FROM THE ORDINANCE.
"SUCH DECLARED DONATIONS WOULD BE EXCLUDED APPLICATION OF SECTION 4 OF THE PREVENTION OF BRIBERY CLAUSES 7(C), 7(D), 7(B) AND 7(F) SET OUT THE ARRANGEMENTS FOR SUCH ADVANCE DECLARATIONS," HE SAID.
2 IN CONJUNCTION WITH THIS AMENDMENT, MR MATHEWS SAID CLAUSE OF PREVENTION OF BRIBERY (AMENDMENT) BILL 1991 SOUGHT TO AMEND THE DEFINITION OF ADVANTAGE SO AS TO EXCLUDE A DONATION WHICH WAS SOLICITED, OFFERED, OR ACCEPTED SPECIFICALLY FOR ELECTION EXPENSES, AS WAS DEFINED IN THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE, AND WHICH PROPERLY DECLARED UNDER THAT ORDINANCE.
SPEAKING ON THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1991, MR MATHEWS SAID AT PRESENT NOT ALL ELECTORAL OFFENCES WERE CONSOLIDATED IN THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE.
/SECTION 12(1)