TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 28

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

0003230

G.F. 323

CONFIDENTIAL ANNEX TO XCC(69) 50

MEMO

From: City District Officer (Central) To:

Ref: (5) in C.CDO 633/03

Tel. No.

H-220373

Date:

18th September 1969

Colonial Secretariat, (Attn: Mr. C.W.B. Oxley,

Establishment Branch)

Your Ref: (44) in CR 9/3231/68 II

dated: 5.9.69

Bribery Bill

As far as Central District is concerned, only casual comments were obtained from our contacts and at one of our District Monthly Meetings. It appears that a bill of this nature and of such length is beyond the com- prehension of the ordinary people; and the educated ones are not interested in studying the Bill in detail. Quite a number of the comments were irrelevant and showed that the commentators were not familiar with the provisions of the Bill as a whole.

2.

The following are some of the comments:-

(a) The Anti-Corruption Unit should not remain with the Police.

(b) The powers conferred on the Anti-Corruption authority are too

extensive. The safe-guard provided by making it necessary to obtain A.G.'s authorization before such powers can be exercised, can easily be changed to a routine practice, i.e. such authorizations will be issued to the Police upon application as a matter of course.

(c) The word "advantage" is vague and therefore "unreasonable".

(d) The provision that anybody refusing to give information

suspected to be in his possession in connexion with a corruption case when asked to do so will commit an offence, is infringing the principle of personal freedom. It is unreasonable to force the person to act against his will and conscience.

(e) The Bill may cause public servants to adopt an indifferent

attitude towards members of the public to avoid getting into trouble. This may result in widening the gap between the people and the Government.

(f) As officers of the Anti-Corruption Branch are subject to

transfer to other sections of the Police, they may be extremely cautious in taking action against their superiors in view of the fact that it now would be rather easy for them to get 'fixed-up' after their tour of duties and posted elsewhere.

(g) The Bill does not provide any effective means to deter the day-to-day on-the-spot squeeze of certain public servants. This is a pity because it is this type of corruption which greatly damages the image of Government and other public bodies.

Sgd.

(NG Chak-lam)

City District Officer (Central)

CONFIDENTIAL

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