XN000022-1980-06-25 — Page 13

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WEDNESDAY, JUNE 25, 1980

HE SUGGESTED THAT THE TERM SHOULD BE DEFINED MORE CLOSELY AND THE NATURE OF SUCH ADVANTAGE SPECIFIED.

WHILE AGREEING THAT THE ASSETS OF A PERSON WHO IS ON TRIAL OR UNDER INVESTIGATION SHOULD BE FROZEN, MR TIEN POINTED OUT THAT PROVISION SHOULD BE MADE FOR THAT PERSON TO BE ABLE TO WITHDRAW SUCH REASONABLE SUMS AS ARE NECESSARY FOR MAINTAINING THE LIVELIHOOD OF HIS DEPENDENTS WITHOUT HIS HAVING TO APPLY TO THE COURT ON EACH OCCASION.

HE THOUGHT THE GOVERNMENT SHOULD UNDERTAKE TO RECOMPENSE A PERSON WHO MAY HAVE A PRIOR CONTRACTUAL LIABILITY AND HIS ASSETS FROZEN FOR ANY LOSSES IF HE IS SUBSEQUENTLY FOUND NOT GUILTY OR NO PROCEEDINGS ARE INSTITUTED AGAINST HIM.

TURNING TO THE DETENTION OF PERSONS FOUND ON PREMISES WHERE INVESTIGATIONS ARE TAKING PLACE, MR TIEN SAID THAT ALTHOUGH HE WAS SURE ICAC OFFICERS WOULD NOT DETAIN PEOPLE INDISCRIMINATELY AND WITHOUT THE DUE EXERCISE OF CARE AND DISCRETION, HE THOUGHT THAT A TIME LIMIT SHOULD BE PLACED ON SUCH DETENTION UNLESS THE ICAC OFFICERS HAVE A JUSTIFIABLE REASON TO DETAIN A PERSON LONGER.

ON THE RE-EMPLOYMENT OF A CONVICTED PERSON, HE AGREED THAT THE PERSON SHOULD BE REHABILITATED AND GIVEN EMPLOYMENT, OTHERWISE HE WOULD BECOME A BURDEN ON SOCIETY,

HOWEVER, THE QUESTION OF WHETHER HE SHOULD BE RE-EMPLOYED IN A SIMILAR POSITION IN THE SAME FIELD OF WORK REMAINS.

+IF HIS SKILL AND KNOWLEDGE ARE SUCH THAT HIS OPPORTUNITIES FOR EMPLOYMENT ARE NARROWLY CIRCUMSCRIBED, THEN HE SHOULD BE ALLOWED TO RETURN TO HIS FIELD BUT NOT TO OCCUPY A POSITION OF RESPONSIBILITY FOR SOME TIME UNTIL HE HAS FULLY REHABILITATED HIMSELF, MR TIEN SAID.

BUT HE CONSIDERED A MAXIMUM TIME LIMIT OF SEVEN YEARS TO BE RATHER EXCESSIVE.

MR TIEN ALSO URGED THE GOVERNMENT TO HAVE A STRONG SENSE OF REALISM TOWARDS THE PROBLEM OF CORRUPTION.

HE CITED AS EXAMPLE THAT THE LIMIT ON THE VALUE OF A GIFT WHICH MAY BE OFFERED TO A CIVIL SERVANT WAS SET SOME YEARS AGO AT $500.

+THIS MAY OR MAY NOT HAVE BEEN REVISED SINCE THEN, BUT WITH CONTINUING INFLATION AND RISING PRICES, I WONDER WHETHER GOVERNMENT SHOULD NOT CONSIDER A MORE REALISTIC FIGURE, HE SAID.

THE HON PETER C. WONG SPOKE IN SUPPORT OF THE BILL.

HE POINTED OUT THAT SOME OF THE AMENDMENTS WERE IN ESSENCE NOT AN EXTENTION OF POWER, BUT RATHER TO CLARIFY WHAT HAD SO FAR BEEN THE PRACTICE OF ICAC" IN CARRYING OUT ITS STATUTORY DUTIES.

HE NOTED THAT DURING THE SIX YEARS OF ITS EXISTENCE, THE ICAC HAS AN EXTREMELY GOOD TRACK RECORD.

+THERE HAS BEEN FEW INSTANCES OF ABUSE OF POWER AND INDEED. THERE IS EVIDENCE THAT THE POWERS IT HAS ARE EXERCISED WITH CARÉ AND DISCRETION, HE ADDED.