15
WEDNESDAY, FEBRUARY 26, 1992
BILLS TO AMEND PREVENTION OF
BRIBERY AND ICAC ORDINANCES INTRODUCED
*
TWO BILLS WHICH SOUGHT TO AMEND THE PREVENTION OF BRIBERY AND THE INDEPENDENT COMMISSION AGAINST CORRUPTION ORDINANCES WERE INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY}, FOLLOWING A REVIEW TO IDENTIFY THOSE PROVISIONS THAT WERE INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE.
MOVING THE SECOND READING OF THE PREVENTION OF BRIBERY (AMENDMENT} BILL 1992 AND THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1992, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID IN RECOMMENDING LEGISLATIVE AMENDMENTS IN RESPONSE ΤΟ THE BILL OF RIGHTS ORDINANCE, IT SHOULD BE BORNE IN MIND THAT THE BILL OF RIGHTS LEGISLATION WAS AN ENTIRELY NEW AREA OF LAW FOR HONG KONG AND A LOCAL JURISPRUDENCE WAS ONLY JUST BEGINNING TO DEVELOP.
SAID.
"A CAUTIOUS APPROACH IS JUSTIFIED AT THIS STAGE, MR MATHEWS
IN LINE WITH THIS APPROACH. HE SAID THE AMEND ING BILLS EITHER REPEAL OR AMEND ALL. PROVISIONS IN THE ORDINANCE WHICH ALMOST CERTAINLY INCONSISTENT WITH THE BILL OF RIGHTS ORDINANCE.
OF
WOULD
WERE
OTHER
BEING
"THE POSSIBILITY CANNOT BE RULED OUT, NEVERTHELESS, THAT PROVISIONS MAY STILL BE AT RISK
BEING CHALLENGED AS INCOMPATIBLE WITH THE BILL OF RIGHTS. SUCH CHALLENGES SHOULD BE LEFT FOR THE COURTS TO DECIDE UPON IF THEY ARE MADE," HE ADDED.
HE SAID THE COMMISSIONER OF THE INDEPENDENT COMMISSION CORRUPTION WAS SATISFIED THAT TIF AMENDMENTS PROPOSED IN BILLS WOULD NOT HAVE ANY ADVERSE EFFECT UPON THE OPERATIONS COMMISSION.
AGAINST THE TWO OF THE
ON THE PREVENTION OF BRIBERY (AMENDMENT) BILL 1992, HE SAID CLAUSE 2 WOULD REPEAL THOSE PARTS OF SECTION 16 OF THE PRINCIPAL ORDINANCE WHICH ENABLED AN INVESTIGATING OFFICER TO DETAIN ANY PERSON FOUND IN AN OFFICE REGISTRY OR OTHER ROOM USED BY A PUBLIC BODY, WHICH THE OFFICER WAS EMPOWERED TO SEARCH.
I
CLAUSE 3 SOUGHT TO REPEAL THOSE PARTS OF SECTION 17 OF THE PRINCIPAL ORDINANCE WHICH EMPOWERED AN INVESTIGATING OFFICER TO DETAIN ANY PERSON FOUND IN THE PREMISES OR PLACE WHICH HE ENTERED AND SEARCHED WITH A WARRANT.
CLAUSE 5 SOUGHT TO REPEAL SECTION 18 WHICH PRESENTLY ENABLED A MAGISTRATE TO ISSUE A WARRANT 'FOR THE APPREHENSION AND ADMISSION TO BAIL OF A PERSON WHO KAS THE SUBJECT OF AN INVESTIGATION AND WHO WAS ABOUT TO LEAVE HONG KONG. A CONSEQUENTIAL AMENDMENT TO 170(3) WOULD BE EFFECTED BY CIASPOL.
/CLAUSE 6