XN000022-1995-05-17 — Page 31

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The first category related to certain of the powers at present vested in the Commissioner, ICAC, which were to be transferred to 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," he added.

The second category of amendments were to ensure that the legislation relating to the ICAC was consistent with the Bill of Rights Ordinance. The amendments would provide:

that the Commissioner's special powers of investigation arise only if he has reasonable cause to believe that an offence under the Prevention of Bribery Ordinance may have been committed;

that the Commissioner's power to apply to a magistrate for a notice requiring a person to surrender his travel documents arises only if he reasonably suspects that person to have committed such an offence;

that a person who has surrendered a travel document has the option of applying to the Commissioner of the ICAC, or a magistrate, or both, for its return; and

that a statutory declaration or written statement made in compliance with a requirement under the Prevention of Bribery Ordinance will be admissible in evidence against the person who made it only if he gives evidence that is inconsistent with it.

Additionally, provisions in the Prevention of Bribery Ordinance that created a presumption of corruption and allowed a court to comment on the failure of an accused to give evidence were to be repealed, Mr Mathews said.

He also said the opportunity presented by the Bill was taken to amend section 10(2) of the Prevention of Bribery Ordinance in order to ensure that it was safe from challenge under the Bill of Rights Ordinance.

"Section 10(1) makes it an offence for a Crown servant to maintain a standard of living above that which is commensurate with his official emoluments, or to be in control of pecuniary resources or property disproportionate to those emoluments." he said.

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