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ICAC investigations need to be kept confidential, particularly at the early and particularly vulnerable stages of the investigation. If details of the early stages of an investigation can be freely disclosed, simply because there is no identified suspect, the investigation may never get to the stage where there is an identified suspect. All evidence of the crime may have been destroyed as a result of the disclosure.
I will shortly be proposing amendments that relax the restrictions on disclosure at the more mature stages of the investigation, when there is less need for secrecy. But I urge members to support the amendment I propose to section 30(1) which will ensure that the most vulnerable stage of an investigation is properly protected.
End
Prevention of Bribery Ordinance; clause 13B
Following is the speech by the Attorney General, the Hon Jeremy Mathews, in support of the proposed new clause 13B, amending section 30(1A) and (2) of the Prevention of Bribery Ordinance in the Legislative Council today (Wednesday):
Mr Chairman,
I move that new clause 13B as set out under my name in the paper circularised to Members be read the second time.
The existing subsection (1A) of section 30 of the Prevention of Bribery Ordinance provides that the restrictions on disclosure cease to apply after the person who is the subject of the investigation has been arrested. Under my proposed amendment, the restrictions would also cease to apply after a warrant has been issued for the arrest of the person who is the subject of the investigation, or after a restraining order has been served on any person under section 14C(3) of the Ordinance.
Where an arrest warrant is issued, the investigation will clearly have reached a mature stage and have a specific direction, similar to that where a person is actually arrested. A restraining order prohibits a particular person from disposing of, or otherwise dealing with specified property. Such an order will only be made after considerable investigations have taken place. In addition, such orders give rise to a degree of publicity in that, if they relate to immovable property, they are registered in the Land Registry. The Administration therefore considers that, if an arrest warrant is issued or a restraining order is made, it is difficult to justify continuing the restrictions of section 30.