Conclusion
Mr President, when I introduced this Bill into the Council I described it as an essential step in reaffirming the ICAC's mandate in the light of present day circumstances and the changing expectations of the people of Hong Kong. The Administration is pleased that, subject to the Committee Stage amendments that I have referred to, the Bill has received the support of the Bills Committee. The enactment of this Bill will therefore be a strong reaffirmation of the ICAC's mandate as it continues its vital work in the years ahead.
End
Prevention of Bribery Ordinance: clause 13A
Following is the speech by the Attorney General, the Hon Jeremy Mathews, in support of the proposed new clause 13A, amending section 30(1) of the Prevention of Bribery Ordinance in the Legislative Council today (Wednesday):
Mr Chairman,
I move that new clause 13A as set out under my name in the paper circulated to Members be read the second time. The new clause repeals and replaces section 30 subsection (1) of the Prevention of Bribery Ordinance.
Section 30 makes it an offence for a person, without lawful authority or reasonable excuse, to disclose details of an investigation in respect of an offence alleged or suspected to have been committed under the Ordinance. This section has been a key element in the overall scheme for tackling corruption in Hong Kong.
In the recent Ming Pao case, the Privy Council stated that the restrictions on freedom of expression created by section 30 are consistent with the Bill of Rights Ordinance. As the Privy Council said in that case
"It cannot be denied that there is a pressing social need to stamp out the evil of corruption in Hong Kong. Investigation by the ICAC is an important means of achieving that end and the protection of the integrity of such investigation is essential."
The Privy Council also accepted that the section affords protection to the reputation of suspects, although it considered that this protection is of secondary importance to the protection of the integrity of the investigation.