XN000022-1980-06-25 — Page 10

WEDNESDAY, JUNE 25, 1980

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ANTI-BRIBERY BILL PASSED WITH AMENDMENTS

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THE PREVENTION OF BRIBERY (AMENDMENT) BILL WAS PASSED BY THE LEGISLATIVE COUNCIL TODAY WITH SEVERAL OF ITS PROVISIONS AMENDED ON THE RECOMMENDATION OF AN AD HOC GROUP OF UNOFFICIAL LEGISLATIVE COUNCILLORS.

SPEAKING AT THE RESUMPTION OF DEBATE ON THE SECOND READING OF THE BILL, THE HON T.S. LO, CONVENOR OF THE GROUP, POINTED OUT THAT DIFFERENT SECTORS OF THE PUBLIC HAD VOICED RESERVATIONS ON A NUMBER OF THE CHANGES TO THE LAW ORIGINALLY PROPOSED.

AFTER LENGTHY DISCUSSIONS AMONG UNOFFICIAL COUNCILLORS AND BETWEEN THEM AND THE ATTORNEY GENERAL, THE DEPUTY LAW DRAFTSMAN, THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION AND ITS ACTING DIRECTOR OF OPERATIONS, ALL THE POINTS WERE RESOLVED.

THE FIRST POINT, MR LO SAID, CONCERNED THE BREADTH OF THE PROPOSED DEFINITION IN THE BILL OF BANKER'S BOOKS AND COMPANY'S BOOKS.

THE EXCHANGE BANKS ASSOCIATION AND THE BUSINESS COMMUNITY WERE CONCERNED THAT MEMBERS OF THE ICAC WOULD AS A RESULT OF THIS DEFINITION BE GIVEN AN ABSOLUTELY FREE REIN TO ROAM OVER THE AFFAIRS OF PRIVATE INDIVIDUALS IRRESPECTIVE OF WHETHER THEY ARE SUSPECTS OR ARE PERFECTLY INNOCENT PEOPLE.

MR LO NOTED THAT HIS GROUP HAD CONSIDERED THE POSSIBILITY OF LAYING DOWN THAT THE RIGHT TO SUCH DOCUMENTS SHOULD BE MONITORED BY THE COURTS BY INSISTING THAT A DOCUMENT COULD ONLY BE LOOKED AT AFTER THE COMMISSIONER HAD MADE AN APPLICATION TO THE COURTS.

BUT THEY HAD ALSO CONSIDERED THAT PERFECTLY INNOCENT PEOPLE WOULD PROBABLY PREFER NOT TO HAVE THE MATTER AIRED IN THE COURTS WHERE NO MATTER HOW INNOCENT, A BIT OF MUD WOULD STICK.

+MOREOVER, THE EFFECT OF SUCH MONITORING APPEARS TO BE MORE THEORETICAL THAN REAL FOR IT WOULD BE DIFFICULT TO SET OUT THE GROUNDS UPON WHICH A COURT COULD REFUSE AN APPLICATION.

+ACCORDINGLY WE AGREED TO LEAVE THE BILL AS IT STANDS BUT I BELIEVE THAT THE COMMISSIONER OF ICAC WILL ESTABLISH A BI-ANNUAL REVIEW OF THE SITUATION WITH THE EXCHANGE BANKS ASSOCIATION AND THAT THE ATTORNEY GENERAL WILL CONSIDER REVISING THE LAW IF IN PRACTICE SERIOUS PROBLEMS ARISE, HE SAID.

SECONDLY, MR LO SAID, THE GROUP FELT THAT EMPLOYEES OF SCHEDULED PUBLIC BODIES AUTHORISED TO ACCEPT OR SOLICIT ADVANTAGE BY THE EMPLOYERS SHOULD NOT HAVE TO RELY ON THE DEFENCE OF REASONABLE EXCUSE, AS SUCH A CASE SHOULD NEVER HAVE BEEN AN OFFENCE IN THE FIRST PLACE.

THEY THOUGHT THAT TO HAVE PROPER CONTROL AUTHORITY SHOULD BE IN WRITING.

THIRDLY, THE GROUP CONSIDERED THE PROPOSAL TO ALLOW THE ICAC TO FORCE A PERSON TO FURNISH INFORMATION OR DOCUMENTS TO WHICH HE MERELY HAS ACCESS TO BE QUITE OPPRESSIVE BECAUSE THERE CAN BE MANY DIFFERENT KINDS OF ACCESS.

/+FGF

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