TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 177

0003230

J

G.F. 323

CONFIDENTIAL

With regard to (d) we recommend the Director of Audit, particularly as he is appointed direct by the Secretary of State.

With regard to the staffing of the Anti-Corruption Bureau we recommend the introduction of non-police personnel to the Bureau.

In particular we recommend the secondment to the Bureau of an accountant either from the Treasury or Inland Revenue Department. We feel that with the heavy emphasis on assessment of assets in the Prevention of Bribery Bill the presence of such an officer in the Bureau would prove invaluable.

We further recommend the secondment of two Crown Counsel to the Bureau. One of these officers should be a senior and experienced man of Director of Public Prosecutions' status who would have authority to prosecute in all cases without reference to Director of Public Prosecutions. However we consider that this officer's function on the Bureau should be two fold:-

(a) to assure the public that it is not purely a police decision on whether or not action should be taken;

(b) to safeguard against the misuse of the wide

powers of investigation.

The nature of his work would likewise be two fold:-

(1) to advise whether there should be a prosecution;

(2) to advise whether disciplinary action should

be taken.

We do recommend however that this officer should maintain a strong link with the Attorney General and whilst we have reservations about all the Attorney General's powers under the Prevention of Bribery Bill being delegated to this officer we feel that provided this strong link is maintained and provided a six monthly system of reporting is inaugurated some of the Attorney General's powers could be delegated.

We further recommend the secondment of a junior Crown Counsel to the Bureau to assist his senior colleague and possibly the secondment of a third if the volume of work merits it.

We further recommend the institution of a preventive section within the Bureau.

I have the honour to be,

Sir,

Your Excellency's obedient servant,

Sgd.

(C. Y. Kwan)

Chairman

Advisory Committee on Corruption

CONFIDENTIAL