TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 24

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CONFIDENTIAL ANNEX TO XCCISO

50

Views and Comments from the Chinese Press

on the Prevention of Bribery Bill

1. Most of the residents in Hong Kong were in favour of the Prevention of

Bribery Bill because it was well intentioned, even though certain clauses might prove to be impracticable, however, the Bill was considered a major step forward.

2. The community agreed that severe punishments must be imposed to curb

corruption and most jurists were in favour of the proposed widening of powers of investigation, but they stressed that they should be exercised with prudence.

3. Even though the Bill gave the Attorney General power to order the production

and inspection of accounts, safe-deposit boxes, books or articles, some prominent Bankers were of the opinion that the Bill would not affect depositors.

4. It was suggested that Government should include another clause in the Bill

to provide for the confiscation of the properties of people convicted on corruption charges, and Government should order all public servants to make a statement of their properties so as to deter them from seeking illegal means to increase their wealth.

5. Government should plug certain loopholes in the Bill so that people could not claim that they always won the first prize in cash sweeps or that the money came from their wives or relatives.

6. It would be better to tako preventive measures before bribery was committed than to make investigations after the commission of the offence, and the first thing that should be done was to stamp out the offering and receiving of 'Protection Money'.

7. The clause concerning 'pecuniary resources' was criticised on the grounds

that it was too vague, and it was stressed that the Bill itself did not to educate people about responsible attitude towards Bribery. Some suggestions were made to remedy these shortcomings.

(i) Government should make civil servants more aware of their responsibilities and prepare them psychologically against acts of bribery;

(ii) Government should offer promotions and awards to those who

have served the public well, as a form of encouragement;

(iii) A simplification of procedures in Government departments is

needed in order to reduce bribery to a minimum.

8. Government should use iron hands to deal with corruption when the legislation was

enforced because the punishments meted out in the past were considered too lenient..

9. It is suggested that the existing Police Anti-Corruption Branch should be

expanded and re-constituted to become an independent organization vested with absolute power in order to achieve the best results in fighting corruption. This independent organization should comprise some administrative and judiciary chiefs as well as people not working in Government.

CONFIDENTIAL

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