XN000022-1976-11-11 — Page 12

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THURSDAY, NOVEMBER 11, 1976

BRIBERY OFFENCES IN PRIVATE SECTOR

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PROSECUTIONS FOR BRIBERY OFFENCES IN THE PRIVATE SECTOR WHICH HAVE BEEN INSTITUTED AND BROUGHT TO A SUCCESSFUL CONCLUSION

IN THE PAST YEAR OR SO HAVE HAD A GREAT IMPACT, THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY SAID TODAY.

SPEAKING DURING TODAY'S RESUMED DEBATE IN THE LEGISLATIVE COUNCIL, HE SAID THE PROSECUTIONS HAD INDUCED, AND CONTINUED TO INDUCE, MARKED CHANGES IN ATTITUDES AND PRACTICES.

+THAT IS PRECISELY WHAT LAW ENFORCEMENT IS ABOUT AND WHY THE PUBLIC INTEREST REQUIRED THAT PROSECUTIONS BE BROUGHT,+ HE STRESSED.

MR. HOBLEY POINTED OUT THAT THE EFFECT OF SECTION 9 OF THE PREVENTION OF BRIBERY ORDINANCE THAT IS, PRIVATE SECTOR BRIBERY WAS NOW WIDELY KNOWN AND WELL UNDERSTOOD.

+ IT PROHIBITS THE GIVING OR RECEIVING OF SECRET PAYMENTS THAT IS, PAYMENTS TO A SERVANT OR AGENT WHICH ARE NOT AUTHORISED BY HIS EMPLOYER OR PRINCIPAL, + HE SAID.

HE STRESSED THAT THE CORRECTNESS OF THE PROVISION COULD NOT BE QUESTIONED AND THAT ARGUMENTS BASED ON WHAT HAD BEEN CUSTOMARY, OR WAS +NECESSARY+ IN SOME WAY FOR TRADING PURPOSES, WERE UNACCEPTABLE.

MR. HOBLEY ACKNOWLEDGED, HOWEVER, THAT SPECIAL CONSIDERATIONS WERE NECESSARY WHEN DECIDING WHETHER OR NOT THE PUBLIC INTEREST WOULD BE SERVED BY PROSECUTING CERTAIN OFFENCES AGAINST SECTION 9.

+ONE IS THAT EARLIER THIS YEAR A MAGISTRATE WARNED THAT A SERIOUS VIEW WOULD BE TAKEN OF OFFENCES AGAINST THAT SECTION COMMITTED IN THE LIGHT OF THE WIDE KNOWLEDGE AND UNDERSTANDING OF THAT SECTION NOW PREVAILING.

+THE COURTS HAVE LOOKED MORE KINDLY ON SUCH OFFENCES COMMITTED AT AN EARLIER TIME, HE SAID.

+ANOTHER IS THAT I HAVE BEEN AWARE FOR A WHILE OF SOME CONCERN AMONG SECTIONS OF THE COMMUNITY ABOUT THE CONTINUED

INSTITUTION OF PROSECUTIONS IN RESPECT OF TRANSACTIONS WHICH TOOK PLACE DURING THAT EARLIER TIME, HE ADDED.

HOWEVER, HE STRESSED THAT THE ICAC HAD A DUTY TO INVESTIGATE COMPLAINTS ALLEGING OFFENCES UNDER SECTION 9 WHENEVER THEY CCCURRED AS IT MUST INVESTIGATE OTHER OFFENCES UNDER THE ORDINANCE.

+FOR OUR PART, EACH CASE SUBMITTED TO ME OR MY OFFICERS WILL THEN BE CONSIDERED IN THE NORMAL WAY, TAKING ACCOUNT OF ANY SPECIAL CONSIDERATIONS APPLYING IN THE PARTICULAR CASE, HE SAID.

/TURNING