XN000022-1995-10-18 — Page 35

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Prevention of Bribery Bill

Following is the speech by the Attorney General, the Hon Jeremy Mathews, in moving the second reading of the Prevention of Bribery (Miscellaneous Provisions) (No 2) Bill 1995 in the Legislative Council today (Wednesday):

Mr President,

I move that the Prevention of Bribery (Miscellaneous Provisions) (No.2) Bill 1995 be read a second time. This Bill is similar to the Prevention of Bribery (Miscellaneous Provisions) Bill 1995 that I introduced into this Council in May of this year, but which lapsed on the dissolution of the Council in the summer. However, the Chinese text of the current Bill differs from that of the earlier Bill, reflecting the fact that an authentic Chinese text of the Prevention of Bribery Ordinance has since been Gazetted.

The purpose of this Bill is to make the legislative amendments needed in order to implement the recommendations in the report of the ICAC Review Committee. That committee was established at the beginning of 1994 to review the powers of the ICAC and its accountability in the exercise of its powers. It was chaired by Mr Helmet Sohmen and included members of this Council, community leaders and members of the Administration.

The report of the Review Committee was published in December 1994 and Those recommendations may contained 76 conclusions and recommendations. broadly be described as evolutionary rather than revolutionary. Members of this Council were given copies of the report, and the Security Panel of the Council discussed the report in January of this year, where it expressed strong support for several of the recommendations.

The Administration has announced that, in principle, it accepts the recommendations in the report, although some minor procedural refinements may be required in some cases. Certain of the recommendations can only be implemented by legislation, and that is the purpose of the Bill I am now introducing. In promoting this Bill, 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.