1974-HKRS28-16-22_Part01 — Page 12

Authenticated Laws 確真本香港法例 All

rcu 201.1

Establish- ment of the Com- mission.

Mainten- ance of The Com- mission.

Appoint- ment of Commis- sioner.

2

“Crown servant" means a person holding an office of emolument, whether permanent or temporary, under the Crown in right of the Government;

"officer" means an officer of the Commission appointed under

section &;

"public body" means-

(a)

the Government;

(b) the Executive Council;

(c) the Legislative Council;

(d) the Urban Council:

(e)

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any board, commission, committee or other body, whe- ther paid or unpaid, appointed by or on behalf of the Governor or the Governor in Council; and

T

(f) any board, commission, committee or other body specified in the Schedule to the Prevention of Bribery Ordinance:

"public servant" means any employee or member of a public body, whether temporary or permanent and whether paid or unpaid, but the holding of a share in a company which is a public body shall not of itself constitute the holder a public servant.

3. There is hereby established the Independent Commission Against Corruption which shall consist of the Commissioner, the Deputy Commissioner and such officers as may be appointed.

4. The expenses of the Commission shall be charged to the general revenue of the Colony,

5. (1) The Governor may appoint a Commissioner who, subject to the orders and control of the Governor, shall be res- ponsible for the direction and administration of the Commission.

(2) The Commissioner shall not be subject to the direction or control of any person other than the Governor.

(3) The Commissioner shall be appointed on such terms and conditions as the Governor may think fit.

(4) The Commissioner shall not while he holds that appoint- ment, discharge the duties of any other office of emolument under the Crown in right of the Government of Hong Kong.

6.

3

The Governor may appoint a Deputy Commissioner on Appoint- such terms and conditions as he may think, fit.

ment of Deputy Commis- aioner.

7. (1) If the office of the Commissioner is vacant or the Acting Commissioner is absent from duty, the Deputy Commissioner Commis

sioner. shall, save where the Governor otherwise directs, act as Commis- sioner.

(2) If both the Commissioner and the Deputy Commissioner are absent from duty, the Governor may appoint another person to act as Commissioner during that absence.

ment of

8. (1) The Commissioner may appoint such officers as the Appoint- Governor thinks necessary to assist the Commissioner in the per- officers, formance of his functions under this Ordinance.

(2) The Commissioner may, if he is satisfied that it is in the interests of the Commission, terminate the appointment of an officer without assigning any reason therefor.

(3) The terms and conditions of employment of officers shall be subject to the approval of the Governor, who may vary any terms or conditions imposed by virtue of subsection (4).

(4) Subject to this section and section 11(2), the Commis- sioner and officers shall be employed subject to Colonial Regula- dons, Government regulations and such administrative rules as apply generally to public officers, except insofar as the application of such Colonial Regulations, Government regulations or rules may be modified by standing orders made under section 11(2),

9. The Commissioner may issue to such officers as he Warrant thinks fit a warrant card which shall be prima facie evidence of card. the officer's appointment as such.

10. (1) Any officer authorized in that behalf may, subject to Power of the provisions of this section, arrest or detain for further inquiries arrest and detention. without warrant any person reasonably suspected of having com- mitted any offence under the Prevention of Bribery Ordinance or (p. 291) the Corrupt and Illegal Practices Ordinance.

(Cap. 296.1

(2) An officer who arrests a person (hereinafter referred to

(a)

(6)

in this section as a "suspect") under this Ordinance shall-

deliver the suspect forthwith to a police station; or detain the suspect in the offices of the Commission, or such other place as may be approved by the Governor,

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