XN000022-1995-05-11 — Page 3

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Prevention of Bribery Bill

A bill which seeks to amend the law as recommended by the report of the ICAC Review Committee, published in December 1994, will be gazetted tomorrow (Friday).

The proposed legislation, the Prevention of Bribery (Miscellaneous Provisions) Bill 1995, will be introduced into the Legislative Council on May 17.

The aim of the review was to reaffirm the ICAC's mandate in the light of present day circumstances and the changing expectations of the people of Hong Kong 20 years after the establishment of the ICAC, a Government spokesman said.

"The Government's objectives are to strike a balance between two potentially conflicting views held in the community: that the ICAC needs to have sufficient powers to be effective in the continuing battle against corruption; and that it should be more accountable and transparent in the use of those powers," the spokesman added.

The Bill proposes amendments to the Prevention of Bribery Ordinance, the Independent Commission Against Corruption Ordinance and the Magistrates Ordinance for various purposes.

"One important proposal is that certain of the powers at present vested in the Commissioner, ICAC should be vested in the courts. In particular, court approval will be needed in order for the ICAC to require a person to supply information under section 14 of the Prevention of Bribery Ordinance, to search premises (save in exceptional cases), or to prevent a suspect from disposing of property.

"Other provisions are designed to bring the law into line with the Bill of Rights, Ordinance. For example, the presumption of corruption in section 25 of the Prevention of Bribery Ordinance and the power of a court to comment on the failure of an accused to give evidence are to be repealed," the spokesman said.

Other proposed amendments will:

(a)

give the ICAC the same access to tax records as exists under the Drug Trafficking (Recovery of Proceeds) Ordinance and the Organised and Serious Crimes Ordinance;

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