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The proposed amendments to clause 6(a) of the Bill relate to the powers under section 14 of the Prevention of Bribery Ordinance to obtain information. The Bill subjects those powers to court control. The Committee Stage amendments provide that an application to the court for authority to use the powers is to be made in chambers, and prohibit the court from authorising the use of certain of the powers unless the information sought is likely to be relevant to the corruption investigation or proceedings. It is essential that applications to the court under the section are handled in confidence, and I will raise with the Judiciary how this can be best achieved.

The proposed amendment to clause 6(b) of the Bill restores to section 14 the power to require a person in charge of a public body to furnish documents to the ICAC. The effect of this amendment is that the power will become subject to court control.

The proposed amendment to clause 10(a) provides that the powers of search under section 17 of the Prevention of Bribery Ordinance can only be exercised if the court or the Commissioner is "satisfied" of relevant matters, rather than if it "appears to" them that this is the case.

A new clause 14A is to be added to the Bill. This is a savings provision to ensure that notices already served under section 14A or 14C of the Prevention of Bribery Ordinance will continue in effect notwithstanding the repeal of the former section and the amendment of the latter section. It also has the effect that extensions of such notices are subject to court control.

Mr President, I now turn to section 30 of the Prevention of Bribery Ordinance, on which so much has been said and written, and on which the Bills Committee spent much anxious time. Section 30 makes it an offence for a person, without lawful authority or reasonable excuse, to disclose details of an investigation in respect of an offence alleged or suspected to have been committed under the Ordinance.

The Bill, as introduced, proposed no amendment to section 30. The Bill, as members will recall, was introduced to give effect to those recommendations of the ICAC Review Committee which required legislation. The Review Committee proposed no change to section 30, which had been amended by this Council in 1992 to ensure consistency with the Bill of Rights Ordinance. The Review Committee was satisfied that section 30 achieved the right balance. But that view was not shared by members of the Bills Committee. However, it is significant to note that, after exhaustive deliberations, no member of the Bills Committee has suggested that section 30 should be repealed. But the Bills Committee was not able to reach agreement with the Administration over the way in which the section should be amended. As a result, I will be moving two Committee Stage amendments in respect of the section and three members will move their own amendments. I will say more about all these proposed amendments when the Bill is in Committee Stage.