TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 32

HONG KONG LEGISLATIVE COUNCIL 21st October 1970. 143

success has been moderate only. In order to find out the reason for this, the Prevention of Corruption Ordinance (Cap. 215) which is based to a large extent on English statutes of 1889, 1906 and 1916, has been compared with the more recent legisla- tion of other countries where corruption has been a problem.

2. As a result of this study it is considered that Cap. 215 is inadequate in several important respects and that a new Ordinance is required, containing new powers to deal with the problem.

3. The Bill is divided into five Parts dealing, respectively, with Preliminary Matters, Offences, Powers of Investigation, Evidence and Miscellaneous Matters.

Preliminary Matters (Part I).

4. This Part contains, in clause 2, definitions of the more important words and expressions used throughout the Bill. References to these definitions are made in the comments on individual clauses.

Offences (Part II).

5. This Part creates all those offences which come under the general description of corruption or bribery.

6. Clause 3 prohibits a Crown servant from soliciting or accepting any advantage (which is widely defined) without the general or special permission of the Governor for so doing. Unlike the position under the existing legislation, the advantage, under this clause, does not necessarily have to be solicited or accepted as an inducement to, or reward for or otherwise on account of, the doing or not doing of anything by the public servant. A mere indication of willingness to receive an advantage amounts to soliciting and a mere agreement to take, receive or obtain an advantage amounts to accepting the advantage within. the meaning of this and the other clauses, by reason of the definitions in clause 2(2).

7. The term "public servant" is generally defined widely, so as to include not only persons employed by the Government, but also employees of those bodies listed in the Schedule (which list may be amended from time to time by order of the Governor in Council under clause 35). However, clause 3 applies only to "Crown servants", which term is restricted to officers of the Hong Kong Government.

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