TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 31

142 HONG KONG LEGISLATIVE COUNCIL-21st October 1970.

[THE ATTORNEY GENERAL] Prevention of Bribery Bill-second

reading

Clause 30 makes it an offence to disclose to a suspect the fact that he is the subject of an investigation. It is hoped that this will deter persons from warning a suspect and so giving him a chance to destroy evidence or subvert witnesses.

Clause 31 prohibits the institution of any prosecution under the bill without the consent of the Attorney General, a power which, with the exceptions I have mentioned, I intend to delegate to Principal Crown Counsel who will be attached to the Anti-Corruption Branch.

Clause 32 empowers the court, on a trial for an offence under Part II, to convict the accused of any of the other offences under that Part, if the existence justifies this, and also to make any necessary amendments to the particulars which are contained in the charge. These powers are similar to those which are contained in the Magistrates Ordinance.

This has been described in the press as a tough bill and I think that this is a fair description of it. It introduces novel offences and wide powers of investigation which may cause inconvenience and annoyance to members of the public. I hope that they will regard this as a reasonable price to pay for arming those who enforce the law with adequate powers to do so. Although much of the bill is aimed, directly or indirectly, at the Public Service, I believe that it has the support of the bulk of its members. The great majority of public servants consists of loyal, hardworking and wholly honest men, who detest corruption as much as any member of the public and who resent the manner in which the conduct of a few of their colleagues soils the reputation of their service as a whole.

I have spoken at unusual length in moving the second reading of this bill, but I believe that honourable Members will regard this as justified by the importance both of the problem and of the new attempt which we are making to grapple with it.

Question proposed.

Motion made (pursuant to Standing Order No 30). That the debate on the second reading of the bill be adjourned-THE ACTING COLONIAL SECRETARY (MR HOLMES).

Question put and agreed to.

Explanatory Memorandum

The need to root out corruption in the Colony has long been recognized, but despite continuous efforts towards this end