TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 167

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G.F. 323

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Cap. 215 is thought to be inadequate compared with those conferred by the

legislation of other countries. It is believed that wider powers of

investigation, unpalatable as they might be, are essential if corruption

is to be combatted. Corruption, by its nature, is a clandestine offence,

which can be committed with very little trace of its commission. Also,

it seldom comes to light by complaint, because both parties are frequently

"satisfied customers", and a party may well be reluctant to complain becuase

this would disclose his own conduct in the transaction.

19. Clause 13 enables the Attorney General to authorize 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 is suspected of having

committed an offence under the Ordinance; and, for this purpose, to inquire

from any source as to the whereabouts of such an account, box, book or

article. Cap. 215 contains powers for the investigation of bank accounts,

share accounts or purchase accounts, but Clause 13 is in wider terms.

Failure to comply, without reasonable excuse, with the requirement or

obstruction of the police officer or other public servant under this clause

will be an offence under subclause (2).

20. Clause 14 is new to Hong Kong. It will empower the Attorney

General to require information, relative to the investigations or

proceedings under the Ordinance, from any person who is himself suspected

of having committed an offence, from any other person who can assist the

investigation or appear to be acquainted with the facts, from the

Commissioner of Inland Revenue, from persons in charge of public bodies

or any department, office or establishment of a public body and from

managers of banks (in the form of copies of bank accounts of the person

CONFIDENTIAL