TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 164

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G.7. 323

CONFIDENTIAL

Explanatory Memorandum

The need to root out corruption in the Colony has long been

recognized, but despite continuous efforts towards this end success has

been moderate only. In order to find out the reason for this, the

Prevention of Corruption Ordinance (Cap. 215) which is based to a large

extent on English statutes of 1889, 1906 and 1916, has been compared with

the more recent legislation of other countries where corruption has

been a problem.

2.

As a result of this study it is considered that Cap. 215 is inadequate

in several important respects and that a new Ordinance is required,

containing new powers to deal with the problem.

3. The Bill is divided into 5 Parts dealing, respectively, with

Preliminary Matters, Offences, Powers of Investigation, Evidence and

Miscellaneous matters.

Preliminary Matters (Part I).

4.

This Part contains, in clause 2, definitions of the more important

words and expressions used throughout the Bill. References to these

definitions are made in the comments on individual clauses.

Offences (Part II)

5. This Part creates all those offences which come under the general

description of corruption or bribery.

6. Clause 3 prohibits a public servant from soliciting or accepting

any advantage (which is widely defined) without having some lawful

authority or reasonable excuse for so doing. Unlike the position under

the existing legislation, the advantage, under this clause, does not

necessarily have to be solicited or accepted as an inducement to, or

reward for or otherwise on account of, the doing or not doing of anything

by the public servant. A mere indication of willingness to receive an

advantage amounts to soliciting and a mere agreement to take, receive

or obtain an advantage amounts to accepting the advantage within the

meaning of this, and the other clauses, by reason of the definitions

in clause 2(2).

CONFIDENTIAL