XN000022-1987-05-15 — Page 3

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FRIDAY, MAY 15, 1987

ACCORDINGLY, IT IS PROPOSED THAT THE DEFINITION OF +PUBLIC SERVANT+ BE AMENDED TO PROVIDE THAT IN THE CASE OF A CLUB OR ASSOCIATION WHICH IS A PUBLIC BODY, ONLY OFFICE HOLDERS AND PERSONS WITH MANAGEMENT RESPONSIBILITIES ARE PUBLIC SERVANTS. IN THE CASE OF AN EDUCATIONAL INSTITUTION WHICH IS A PUBLIC BODY, ANY OFFICE HOLDER AND ANY MEMBER OF ANY BOARD, COMMITTEE OR OTHER BODY OF THE INSTITUTION WHICH IS ESTABLISHED UNDER THE INSTITUTION'S LEGISLATION, AND IS RESPONSIBLE FOR THE CONDUCT OR MANAGEMENT OF THE AFFAIRS OF THE INSTITUTION, WILL BE A PUBLIC SERVANT.

THE PROPOSED AMENDMENTS ALSO SEEK TO CLARIFY THE PROCEDURES GOVERNING THE SURRENDER AND RETURN OF A SUSPECT'S TRAVEL DOCUMENTS AND TO MAKE THEM BOTH FAIR AND FLEXIBLE.

THE SPOKESMAN POINTED OUT THAT THE EXISTING LEGISLATION, WHICH EMPOWERS A MAGISTRATE TO ORDER A SUSPECT TO SURRENDER HIS TRAVEL DOCUMENTS TO THE ICAC. LENDS ITSELF TO PUBLIC CRITICISM ALTHOUGH IT HAS PROVED A VERY EFFECTIVE AID TO THE INVESTIGATION OF CORRUPTION OFFENCES.

ONE CRITICISM IS THAT AN APPLICATION FOR SUCH AN ORDER

IS +EX PARTE,+ I.E. THERE IS NO OPPORTUNITY FOR THE OWNER OF THE DOCUMENTS TO APPEAR AND OPPOSE THE ORDER, BUT THERE IS NO PROVISION FOR APPEAL.

SECONDLY, THERE IS NO SATISFACTORY PROCEDURE FOR THE TEMPORARY RETURN OF THE TRAVEL DOCUMENTS TO THE HOLDER WHO MAY WELL HAVE URGENT AND JUSTIFIABLE REASONS FOR THEIR RETURN.

WHILE THE PROPOSED AMENDMENTS CONFIRM THAT AN INITIAL APPLICATION FOR SURRENDER IS TO BE +EX PARTE+, THEY PROVIDE THAT REASONABLE NOTICE OF AN APPLICATION FOR A THREE-MONTH EXTENSION OF THE ORIGINAL SIX-MONTH DETENTION PERIOD BE GIVEN TO THE HOLDER OF THE TRAVEL DOCUMENTS,

THERE IS ALSO A NEW PROVISION ENABLING A SUSPECT TO APPLY TO THE COMMISSIONER FOR THE RETURN OF HIS TRAVEL DOCUMENT AT ANY TIME. IF HIS REQUEST IS REFUSED, OR IF IT IS GRANTED SUBJECT TO CONDITIONS, HE MAY APPEAL TO A MAGISTRATE. THE COMMISSIONER MAY ALSO ELECT TO REFER THE APPLICATION TO A MAGISTRATE FOR DETERMINATION IN THE FIRST INSTANCE.

THE RETURN OF A TRAVEL DOCUMENT BY EITHER THE COMMISSIONER OR A MAGISTRATE MAY BE UPON CONDITIONS AS TO THE FUTURE APPEARANCE OF THE HOLDER AND FURTHER SURRENDER OF THE DOCUMENT, AND THE HOLDER MAY BE REQUIRED TO GIVE SECURITY FOR COMPLIANCE WITH THOSE CONDITIONS, BY WAY OF ENTERING INTO A RECOGNIZANCE OR DEPOSITING ASSETS OR BOTH.

PROVISIONS EXIST FOR THE ICAC TO ARREST THE HOLDER WHEN HE HAS FAILED TO COMPLY WITH THE CONDITIONS, AND TO EMPOWER A MAGISTRATE TO MAKE AN ORDER FOR FORFEITURE OF ANY SECURITY PROVIDED.

/ON THE