XN000022-1980-06-25 — Page 14

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WEDNESDAY, JUNE 25, 1980

ANOTHER ANTI-CORRUPTION BILL, THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1980, WAS PASSED WITH THE SUPPORT OF THE UNOFFICIALS.

THE HON T.C. LO POINTED OUT THAT THE BILL PROPOSED TO EXTEND THE POWER OF INVESTIGATION, ARREST AND PROSECUTION BY THE ICAC TO BLACKMAIL, THEFT AND FALSE ACCOUNTANCY.

+ IT IS QUITE CLEAR TO US THAT THIS IS NOT AN UNDUE EXTENSION BECAUSE THIS POWER WILL BE USED ONLY WHEN SUCH OFFENCES ARE DISCOVERED DURING THE COURSE OF AN INVESTIGATION INTO THE ALLEGATION OF CORRUPTION, AND NOT OTHERWISE, HE SAID.

THE LEGISLATIVE COUNCIL

GAVE ITS SEAL OF APPROVAL TO

11 NEW CLAUSES IN THE PREVENTION OF BRIBERY (AMENDMENT) BILL 1980 AND RECEIVED ASSURANCES FROM THE ATTORNEY GENERAL THAT THE TIME-LAG IN JUDICIAL PROCESSING IN CORRUPTION CASES WOULD BE INVESTIGATED.

THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS, SAID THAT THE NEW CLAUSES AND ASSURANCES STEMMED FROM DISCUSSIONS HE HAD WITH AN AD HOC COMMITTEE OF THE UNOFFICIAL MEMBERS.

HE ADDED THAT SIMILAR DISCUSSIONS ALSO OCCURRED WITH REGARD TO THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1980 WHICH WAS ALSO PASSED AT TODAY'S COUNCIL MEETING.

MR GRIFFITHS SAID CONCERN WAS EXPRESSED BY THE UNOFFICIAL MEMBERS ABOUT THE POSSIBLE DAMAGING EFFECT CAUSED TO BOTH A BANK'S CUSTOMERS AND THE BANK'S OPERATIONS BY THE ICAC INSPECTIONS OF +BANKER'S BOOKS+.

+THE COMMISSION DOES NOT INSPECT ANYTHING NOT NEEDED FOR THE PURPOSE OF AN INVESTIGATION. BEFORE AN AUTHORISATION IS ISSUED REQUIRING THE PRODUCTION OF BANKER'S BOOKS, THE MATTER IS CONSIDERED EITHER BY THE COMMISSIONER PERSONALLY OR BY HIS DEPUTY. THE POWER TO INSPECT BANKER'S BOOKS HAS BEEN ON THE STATUTE BOOK FOR SIX YEARS AND HAS NOT, TO MY KNOWLEDGE, CAUSED UNDUE INCONVENIENCE TO THE BANKING COMMUNITY, HE TOLD THE COUNCIL.

HOWEVER, HE SAID HE PROPOSED THAT THE COMMISSIONER SHOULD MEET WITH THE EXCHANGE BANKS ASSOCIATION ABOUT EVERY SIX MONTHS TO ASCERTAIN IF THERE WERE ANY PROBLEMS.

MR GRIFFITHS SAID HE WOULD ALSO CONSULT THE CHIEF JUSTICE REGARDING REDUCING THE TIME-LAG IN APPEALS CONCERNING PROPERTY FROZEN BY ICAC AND WHETHER PROSECUTION FOR A NUMBER OF SUMMARY OFFENCES, NORMALLY HEARD BEFORE A MAGISTRATE, COULD INSTEAD BE DEALT WITH BY A DISTRICT COURT, AND NOT BE SUBJECT TO ANY TIME LIMIT.

THE MAJOR PROVISION WHICH WAS PASSED IN THE AMENDMENTS TO THE PREVENTION OF BRIBERY (AMENDMENT) BILL WAS THAT NO OFFENCE IS COMMITTED IF A PUBLIC SERVANT, OTHER THAN A GOVERNMENT OFFICER, SOLICITS OR ACCEPTS AN ADVANTAGE DIRECTLY RELATED TO HIS EMPLOYMENT WITH THE PERMISSION OF HIS EMPLOYER.

/IN RELATION