XN000022-1973-08-01 — Page 13

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Wednesday, August 1, 1973

ANTI-BRIBERY BILL PASSED

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The Prevention of Bribery (Amendment) Bill 1973 passed all three

readings in the Legislative Council today closing certain loopholes

in the existing ordinance as recommended by the Blair-Kerr Commission.

Under the bill, the Attorney General will no longer be required

to notify a person that consideration is being given to his prosecution

for an offence under section 10 (2), or to afford such a person an

opportunity to make representations.

Explaining the circumstances in which the original clause was

introduced, the acting Attorney General, the Hon. J. Hobley, told the

council that the proposal to introduce the two "unique" offences under

section 10(1) had provoked considerable opposition in many quarters, both

in Hong Kong and elsewhere.

The suggestion that a suspect should be given an opportunity to

make representations before a prosecution was instituted was therefore put

forward to reassure opponents of the proposal and others that innocent

persons would not be charged unjustifiably.'

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This made the introduction of the section more generally acceptable,

he said. "It was, in short, a compromise solution, undoubtedly engendered

by an awareness of the originality and unusual nature of the offences."

Although suspects will no longer be given an opportunity to make

representations before a prosecution is instituted, the Director of the

Anti-Corruption Office or the Attorney General may afford the suspect with

such an opportunity if it seems appropriate in any particular case.

The consent ......