XN000022-1992-05-27 — Page 22

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WEDNESDAY, MAY 27, 1992

ICAC COMMITTED TO CONTINUING REVIEW OF LEGISLATION

THE

COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION WAS COMMITTED TO A CONTINUING REVIEW OF THE PREVENTION OF BRIBERY ORDINANCE AND THE INDEPENDENT COMMISSION AGAINST CORRUPTION ORDINANCE IN THE LIGHT OF LEGAL ADVICE AND DECISIONS OF THE COURTS REGARDING THEIR COMPATIBILITY WITH THE BILL OF RIGHTS ORDINANCE.

THIS WAS STATED TODAY (WEDNESDAY) BY THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, IN THE RESUMED DEBATE ON THE PREVENTION OF BRIBERY (AMENDMENT} BILL 1992 AND THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1992 IN THE LEGISLATIVE COUNCIL.

MR MATHEWS SAID AMENDMENT TO SECTION 30 OF THE PREVENTION OF BRIBERY ORDINANCE WOULD PERMIT DISCLOSURE OF THE IDENTITY OF A PERSON UNDER INVESTIGATION AND DETAILS OF AN INVESTIGATION AFTER THE ARREST OF THAT PERSON.

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HE SAID SOME WERE OF THE VIEW THAT THE AMENDMENT CAUTIOUS; THAT THE SCOPE OF SECTION 30 SHOULD BE MUCH MORE SEVERELY LIMITED; OR THAT THE SECTION SHOULD BE DISPENSED WITH ALTOGETHER.

HE POINTED OUT THAT IN THE DETECTION OF CORRUPTION OFFENCES, COVERT INVESTIGATION WAS FREQUENTLY ESSENTIAL AT AN EARLY STAGE.

"IN THE COURSE OF THE INVESTIGATIONS, OFFICERS OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION OFTEN SEEK INFORMATION, IN THE EXERCISE OF THEIR STATUTORY POWERS, FROM INSTITUTIONS SUCH AS BANKS.

"DISCLOSURE OF INFORMATION RELATING TO THOSE INVESTIGATIONS PRIOR TO THE ARREST OF THE PERSON UNDER INVESTIGATION WOULD, IN MANY CASES, THWART TOTALLY THE INVESTIGATION.

"THE OPERATIONAL EFFECTIVENESS OF THE COMMISSION WOULD BE SUBSTANTIALLY AND ADVERSELY AFFECTED. THAT, IN MY VIEW, IS NOT WHAT THE COMMUNITY DESIRES,' MR MATHEWS SAID.

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HE SAID THE PROPOSED AMENDMENT TO SECTION 30 WAS ONE WHICH SOUGHT TO STRIKE A BALANCE BETWEEN THE NEED TO PROTECT THE INTEGRITY OF INVESTIGATIONS, AND ALSO THE REPUTATIONS OF THOSE AGAINST WHOM ALLEGATIONS OF CORRUPTION WERE MADE BUT AGAINST WHOM NO CRIMINAL CHARGES WERE SUBSEQUENTLY BROUGHT, AND OF WHAT SOME WOULD CALL THE COMMUNITY'S RIGHT TO KNOW.

**I BELIEVE THAT THE PROPOSED AMENDMENT SUCCEEDS IN STRIKING THAT BALANCE AND WILL ENSURE SECTION 30'S COMPATIBILITY WITH THE BILL OF RIGHTS ORDINANCE," HE SAID.

THERE WERE OTHER PROVISIONS IN THE PREVENTION OF BRIBERY ORDINANCE ABOUT WHICH MEMBERS OF AN AD HOC GROUP HAD EXPRESSED RESERVATIONS AND CONCERNS. MANY OF THESE PROVISIONS CONCERNED THE COMMISSION'S POWERS OF INVESTIGATION.

/MR MATHEWS