146 HONG KONG LEGISLATIVE COUNCIL 21st October 1970.
Prevention of Bribery Bill-second reading
[Explanatory Memorandum]
Powers of Investigation (Part III).
18. It is primarily in relation to the powers of investigation that Cap. 215 is thought to be inadequate compared with those conferred by the legislation of other countries. It is believed that wider powers of investigation, unpalatable as they might be, are essential if corruption is to be combatted. Corruption, by its nature, is a clandestine offence, which can be committed with very little trace of its commission. Also, it seldom comes to light by complaint, because both parties are frequently "satisfied customers", and a party may well be reluctant to complain because this would disclose his own conduct in the transaction.
19. Clause 13 enables the Attorney General to authorize in writing a named police officer of or above the rank of senior inspector, or a named Crown servant, to investigate, inspect, require the production of and obtain all information relating to any account, safe-deposit box, books, documents or articles of or relating to any person who on reasonable grounds is suspected of having committed an offence under the Ordinance; and, for this purpose, to inquire from any source as to the whereabouts of such an account, box, book or article. The secrecy requirements of the Inland Revenue Ordinance are, however, preserved. Cap. 215 contains powers for the investigation of bank accounts, share accounts or purchase accounts, but clause 13 is in wider terms. Failure to comply, without reasonable excuse, with the require- ment or obstruction of the police officer or other Crown servant under this clause will be an offence under subclause (3).
20. Clause 14 is new to Hong Kong. It will empower the Attorney General to require information, relative to the investiga- tions or proceedings under the Ordinance, from any person who is himself suspected of having committed an offence, from any other person who can assist the investigation or appear to be acquainted with the facts, from persons in charge of public bodies or any department, office or establishment of a public body and from managers of banks (in the form of copies of bank accounts. of the person suspected). As with clause 13, the secrecy require- ment of the Inland Revenue Ordinance are preserved. The neglect or failure by any person, other than the suspect himself, to comply with a requirement under this clause will be an offence under subclause (3).
21. Clause 15 deals with legal advisers who, in that capacity, may be in possession of information regarding the
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