TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 87

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

0003230

G.F. 323

CONFIDENTIAL

SCC 5/60

Your Excellency,

3rd June 1969

Advisory Committee on Corruption

I have the honour to submit the recommendations of my Committee on the Prevention of Bribery Bill and on the composition of the Target Committee and staffing of the Anti- Corruption Bureau.

After giving detailed consideration to the proposed Prevention of Bribery Bill the Committee has the following comments to make:

Section 13(1)(a)

& (b)

Special powers of investigation

Section 14(1)(e). Power to obtain information

We consider that a police inspector is too low a ranking officer to exercise the

functions set out in these

subsections and we accordingly

recommend that the rank be raised to senior inspector or above.

The courts have no power to obtain information from the Commissioner of Inland Revenue except for the purposes of proceedings relating to the Inland Revenue Ordinance and we do not therefore consider that the Attorney General should have this power.

Accordingly we recommend deletion of this subsection.

Apart from the comments set out above and certain amendments now being made to the Bill, my Committee recommends to Your Excellency that the Prevention of Bribery Bill be considered with the view that it may become part of our law here.

The Committee has given considerable thought to the advisability of setting up an independent Anti-Corruption Bureau separate from the Police Force and has felt unable to make recommendations on the Bill without considering this aspect. This proposal was put forward after a visit made to Singapore in 1968 by a Crown Counsel and the Chief Superintendent of Police, Anti- Corruption Branch to study anti-corruption methods there. Subsequently the Attorney General visited Ceylon for the same purpose. Both the Crown Counsel, Mr. F.T.M. Jones and the Attorney General were in favour of an independent Anti-Corruption Bureau.

His Excellency Sir David Trench,

G.C.M.G., M.C., J.P.,

Government House, HONG KONG.

CONFIDENTIAL

/We

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