TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 166

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DRAFT

APPENDIX A

Type 1 +

From

To:-

Telephone No. & Ext.

Department

HONG KONG

DRAFT PREVENTION OF BRIBERY BILL

Corruption exists in Hong Kong in all

walks of life. Public attention has particularly

concentrated on the Public Service though in the

majority of cases where corruption does occur the

faul is by no means on one side only.

2.

Present legislation (based to a large

extent on UK statutes) and the separate disciplinary

regulations to which civil servants are subject are

e felt to be inadequate in restraining corruption.

(Details of the reported incidents of corruption

during 1968-69 are at Annex A). A Working Party

found the existing legislation to be inadequate

especially in relation to:

3.

(a) powers of investigation into alleged

offences under the existing legislation;

(b) the difficulty of discharging the initial

burden of proof which lies on the pros-

ecution.

(c) provisions relating to the reception

by the Courts of the evidence of

accomplices.

The Working Party recommended the introduction

of new legislation (not the amendment of existing

legislation). A Bill for this purpose, drawing on

/2....