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"In other matters, such as the use of the power of dismissal under section 8(2) of the ICAC Ordinance, we consider the Commissioner should give the officer concerned a chance to defend himself and that the Commissioner should seek the advice of the Advisory Committee on Corruption before he comes to a decision on the case," Dr Sohmen said.
"On section 30 of the Prevention of Bribery Ordinance concerning the disclosure of ICAC investigations, we believe that the existing provision strikes the right balance between the need, on the one hand, to ensure that a suspect is not forewarned and therefore has the opportunity to destroy evidence, while at the same time protecting the reputation of an individual who is still under investigation, and respect for the freedom of expression on the other.
"This section was examined, debated and upheld by the Legislature as recently as 1992 and the circumstances have not changed since then," Dr Sohmen said. "It was also debated at length in the committee and we had considered submissions from the Hong Kong Journalists Association. At the end, a clear majority of members favoured retention."
Apart from Dr Sohmen, the committee had Professor Felice Lieh Mak as its Vice-Chairman. Other members were Ms Christine Loh Kung-wai, Mr Jimmy McGregor, Mr Anthony Neoh, Mr William Wan Hon-cheung and Mr Norman Yuen Kee-tong. The official members were the Attorney General, Mr Jeremy Mathews, and the Director of Administration, Mr Richard Hoare.
End/Friday, December 23, 1994
Proposed amendments to Employment Ordinance agreed by LAB
At a special meeting held at the Labour Department Headquarters this (Friday) afternoon, members of the Labour Advisory Board (LAB) agreed on a package of improvements to severance and long service payments under the Employment Ordinance.
Details of the LAB's agreed package are as follows:
a) To remove the ceiling of 12 months' wages for the calculation of severance
payment (SP) and long service payment (LSP);