TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 126

XCC(69)32

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This clause is similar to section 3 of Chapter 215 which was introduced in 1968 following a court case in which a corruption charge failed because the money transaction was not related to a specific act on the part of the officer concerned.

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Clause 12 provides the penalties for the offences created by Part II of the bill. These penalties are greater than the penalties provided by Chapter 215 for comparable offences. At present the maximum general penalty is a fine of $5,000 and imprisonment for 2 years on summary conviction or, on conviction on indictment, a fine of $10,000 and imprisonment for 5 years. By clause 12 the maximum general penalty will be a fine of $10,000 and imprison- ment for 3 years on summary conviction or, on conviction on indict- ment, a fine of $20, 000 and imprisonment for 7 years. For offences und er clause 5 (Bribery for giving assistance etc. in regard to contracts) and clause 6 (Bribery for procuring withdrawal of tenders), the max- imum period of imprisonment on conviction on indictment will be 10 years. The additional provisions in the existing legislation for compelling an accused convicted of receiving a bribe to pay up the same are retained, although under this clause the power of the court to order him to pay up will no longer be discretionary.

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Powers of Investigation (Fart III)

The Working Party considered the powers of investigation under the present Ordinance to be inadequate, and a comparison with the much wider powers conferred by the legislation of other countries supports this. The extent of corruption suspected in the Colony, and the evils that flow from it, make wider powers of investigation, unpalatable as they might be, necessary if corruption is to be countered. The creation of an offence is of no use if the evidence of the commission of the offence, although it exists, does not come to light. This can be said of any offence, but it is particularly true of corruption which, by its nature, is a clandestine offence, and one which is seldom likely to come to light in the usual way, that is by complaint, because both parties are frequently "satisfied customers". Also, neither party can complain of the other without revealing his own part in the transaction. Although it could be argued that the wider powers of investigation given by this part constitute an invasion of privacy and an interference with the traditional secrecy of bankers and others with regard to their clients' affairs, it is nonetheless considered that the wider powers contained in this part of the bill are necessary if corruption is to be controlled.

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Clause 13 enables the Attorney General to authorise in writing a named police officer, of or above the rank of Inspector, or a named public servant to investigate, inspect, require the production of and obtain all information relating to any account, safe-deposit box, books or articles of or relating to any person who on reasonable grounds

For this is suspected of having committed an offence under the bill. purpose, an investigating officer may inquire from any source as to the whereabouts of such an account, box, book or article. The existing legislation, which is in narrower terms, provides for the investigation of bank accounts, share accounts or purchase accounts only.

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