TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 176

0003230

G. F. 323

CONFIDENTIAL

2

We have considered representations made by the Attorney General for the introduction of such an independent Bureau and of the Commissioner of Police against it.

Whilst we feel that there is much to be said in favour of such a Bureau our present recommendation is that in the prevailing circumstances the Anti-Corruption Bureau should remain with the Police Force.

In coming to this decision we have been influenced firstly by arguments put forward by the Commissioner of Police that the staffing of an independent organisation would cause considerable difficulty and if the Bureau were to be removed from the Police this would cast aspersions on the reputation of the Police Force as a whole, which we considered undesirable in the present circumstances, particularly those arising from the showing of a film on the RTV English television channel in April 1969. The film, which was entitled "A Base to Answer" alleged that in the Police Force in Hong Kong corruption was rife.

We feel that this was not a fair presentation of the Hong Kong Police Force and in order to deprecate such an unfair mispresentation we recommend that for a trial period of three to five years the Bureau should remain under the Police Force.

We are of

We feel however that the public must be reassured that action under the Prevention of Bribery Bill will not depend entirely on the decision of a Target Committee and an Anti- Corruption Bureau consisting mostly of policemen. the opinion that the extension or introduction of non-police personnel into both the Target Committee and Anti-Corruption Bureau will go some way to meet any public objection to the present composition of the Bureau, particularly when they are called upon to deal with cases involving an alleged corrupt policeman.

The following are the Committee's recommendations on the composition of the Target Committee:

(a) Deputy Commissioner of Police who will sit

as Chairman as at present

Spl

(b) Director of Criminal Investigation

(c) one senior Crown Counsel

(d) one senior Departmental or Secretariat

Officer

(e) Establishment Officer's representative

(f) a secretary.

With regard to (c) we suggest that the Crown Counsel should not be on the Committee as Attorney General's representative to advise whether or not criminal proceedings are to be instituted but merely whether there was justification for investigation. He should be advised of the object of the Committee and of his function on it. To avoid any difficulties we recommend that the Crown Counsel should not be from the Prosecutions Section of Attorney General's Chambers.

CONFIDENTIAL

/With