TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 204

FOREIGN AND COMMONWEALTH OFFICE COMMENTS ON

REVISED PREVENTION OF BRIBERY BILL, 1970

Clause 3

The amendment to this clause does not meet the objections previously raised, and the phrase "without lawful authority or excuse" is likely to

cause difficulties of construction.

The clause as worded would cover not only true cases of corruption

but cases where there was no element of corruption, such as the soliciting of an advantage in circumstances quite unconnected with the public servant's

duties or the acceptance of a voluntary Christmas box or its equivalent.

We consider that the latter class of case should constitute as different,

and lesser, offence and this could be achieved if clause 3 were reworded.

"Soliciting or

3. Any public servant who, without the

accepting an

advantage.

general or special permission of the Governor,

solicits or accepts an advantage shall be guilty

of an offence."

If this were done then an Establishment Regulation could be issued on the lines of Colonial Regulation No. 51, and clause 12 wese amended to

prescribe a lesser penalty for this offence.

In this event an additional sub-clause of Clause 4 would be required to cover the more serious offences by public servants and carrying the sentence prescribed in Clause 12 (a) (ii). We see considerable presentational advantage in distinguishing offences by public servants in this way.

It is suggested that the marginal note to Clause 4 should read

just "Bribery". The present note is misleading as the clause creates

offences other than those "in respect of business with a public body".

/Clause 10