XN000022-1991-01-10 — Page 15

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THURSDAY, JANUARY 10, 1991

THEY ARE NOT PERMITTED TO ACCEPT OR SOLICIT DONATIONS FOR POLITICAL OR ELECTION PURPOSES UNDER THE ORDINANCE, AS SUCH DONATIONS WOULD BE AN ADVANTAGE AND THE OFFERING OR RECEIPT OF THEM MAY CONSTITUTE AN OFFENCE.

'IN CONSIDERING PROSECUTION IN THIS REGARD A CRUCIAL FACTOR

IS THE EXISTENCE OF A CORRUPT MOTIVE,"

"WHILE PROSECUTIONS MIGHT NOT NECESSARILY BE INSTITUTED UNDER SUCH CIRCUMSTANCES, THE SITUATION REMAINS HIGHLY UNSATISFACTORY UNLESS SUCH A POSSIBILITY IS REMOVED, THE SPOKESMAN SAID.

"

THIS PROBLEM, THE

то DEAL WITH

AMENDMENT BILL SEEKS TO PROVIDE A MECHANISM TO ENABLE AN INTENDING CANDIDATE TO DECLARE SUCH DONATIONS AS SOON AS IS PRACTICABLE, AND WHERE APPLICABLE, BEFORE

HE IS DULY NOMINATED AS A CANDIDATE.

"THE OBJECT IS TO ENSURE THAT CORRUPT ADVANTAGES CANNOT LABELLED SUBSEQUENTLY AS 'DONATION TO BE DECLARED', WHEN CHALLENGED.

BE

"ON THE OTHER HAND, DECLARATIONS COULD BE MADE AS SOON AS THEY ARE RECEIVED, THEREBY REMOVING THE LIABILITY OF THE RECIPIENT INCUMBENT MEMBER AND THE DONOR UNDER SECTION 4 OF THE BRIBERY ORDINANCE,' THE SPOKESMAN EXPLAINED.

PREVENTION OF

THE PREVENTION OF BRIBERY (AMENDMENT) BILL 1991 SEEKS TO AMEND THE DEFINITION OF ADVANTAGE UNDER SECTION 2 OF THE PRINCIPAL ORDINANCE TO EXCLUDE DONATIONS WHICH ARE SOLICITED, OFFERED OR ACCEPTED SPECIFICALLY FOR ELECTION EXPENSES AS DEFINED IN THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE AND WHICH ARE PROPERLY DECLARED UNDER THAT ORDINANCE.

THE INDEPENDENT COMMISSION AGAINST CORRUPTION ( AMENDMENT) BILL 1991 SEEKS TO TIDY UP THE EXISTING POWERS OF THE ICAC SO THAT IT IS ABLE ΤΟ TAKE EFFECTIVE ACTION AGAINST A PERSON IN RESPECT OF ANOTHER RELATED OFFENCE DURING AN INVESTIGATION UNDER THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE AND TO INVESTIGATE ALLEGED OR SUSPECTED CONSPIRACY TO COMMIT AN OFFENCE UNDER THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE.

"THE INTENTION IS TO PASS THESE BILLS IN TIME FOR THE PROVISIONS TO BE APPLIED TO THE DISTRICT BOARDS ELECTIONS TO BE HELD ON MARCH 3 THE SPOKESMAN SAID.

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