XN000022-1976-04-07 — Page 20

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Wednesday, April 7, 1976

PAYMENT OF COMMISSIONS: CORRECT POSITION RE-STATED

The recent frequent prosecutions involving the payment

of secret commissions was due to the greater willingness of the

public to report such cases to the ICAC, and not to a change in

the law, the Colonial Secretary, the Hon. Sir Denys Roberts,

told the Legislative Council today.

Speaking in the resumed budget debate, he said this

was surely a healthy sign that the community was beginning to

realise that all forms of corrupt conduct were objectionable and

should be suppressed.

Pointing out that a number of recent cases had attracted

wide-spread publicity and revealed a general misunderstanding of

the law governing them, he said it was worth re-stating the

correct position.

He explained that if an agent or employee, whether he

is buying or selling on behalf of his principal or employer,

accepts a commission, rebate, discount, or kick-back, for his own

benefit and without the permission of his principal or employer,

he is guilty of corruption.

"And so he should be, for he is deceiving his employer

or principal and either depriving the latter of a benefit which

should go to the employer or pocketing part of the price which

should go to him.

"Similarly, if a person offers a secret advantage to an

agent or employee, for doing anyting in relation to the affairs

of the latter's principal or employer, he is guilty of corruption.

/Again......................

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