TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 210

Clause 3

FOREIGN AND COMMONWEALTH OFFICE COMMENTS ON

REVISED PREVENTION OF BRIBERY BILL, 1970

A.

The amendment to this clause does not meet the objections previously raised. The phrase "without lawful authority or reasonable excuse" is not appropriate when one is considering the circumstances in which an officer may solicit or accept an advantage;

fci

the question of

"lawful authority" does hot arise in accepting an advantage and a Court would have great difficulty in construing, in the circumstances, what was meant by "reasonable excuse".

We remain of the view that ordinary gifts from personal friends

should be excluded. This could be done by rewording the clause and marginal note as followe

"Soliciting or

accepting an

advantage.

3. Any public servant who, without the

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 B

We also remain of the view that the above clause should create the lesser offence of a Hechnical breach of the Establishment

Regulation, without corrupt motive, carrying a lesser penalty than that prescribed in Clause 12 In this event an additional sub-clause

2]

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.

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