CONFIDENTJAL
HONG KONG DRAFT PREVENTION OF BRIBERY BILL.
PROBLEM
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 fault is by no means on one side only.
2.
Present legislation (based to a large extent on U.K. statutes) and the separate disciplinary regulations to which civil servants are subject are felt to be inadequate in restraining corruption. (Details for 1968-69 are at Annex A). A Working Party found the existing legislation to be inadequate especially in relation to
(a)
powers of investigation into alleged offences under the Ordinance.
3.
(b)
the difficulty of discharging the initial burden of proof which lies on the prosecution.
Provisions relating to the reception by the Courts of the evidence of accomplices.
(c)
They recommended the introduction of new legislation (not the
A bill for this purpose, amendment of existing legislation). drawing on the results of on-the-spot investigation by Hong Kong legal and police officers in Singapore and Ceylon into the anti-. corruption legislation of those two countries and its application in practice, was prepared by the Working Party in consultation with Heads of Departments most concerned and received the approval (subject to two comments) of the Advisory Committee on corruption under the chairmanship of Sir C.Y. Kwan. (Full membership of the Committee is ut Annex B). It applied to Civil Servants, members of Executive and Legislative Councils, members and employees of
/tho
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