TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 55

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Friday, October 16, 1970

A public servant is now defined in clause 2 to include not only

those employed by the Government but also people working in statutory and public utility bodies. However, the term "Crown servant" applies only to

paid employees of the Hong Kong Government.

Clause 3 of the Bill which has been amended, makes it an offence

for a Crow servant, that is, an employee paid by government to accept any advantage, whether or not connected with his official duties, unless ho does so with the permission of the Governor, who will issue circulars

sotting out the circumstances in which a Crown servant may properly accept

presents, loans and other advantages.

Living Beyond Salary

Clauso 4, on the other hand, now makos it an offence for persons

to offer bribes to public servants, that is government employees and persons

working in statutory or public utility bodies, since in a large proportion

of bribery casos the first suggestion of corrupt payment is made by members

of the public.

Clause 10, dealing with a public servant who appears to be living

beyond his salary, has been amended so as to provide that no prosecution

may be undertaken without the consent in writing of the Attorney General,

who will first have to inform the person concerned that a prosecution is

under considoration and give the porson an opportunity of making representations

to him in writing.

Clause 14 deals with powers to obtain information. Proviously this

clauso made it an offence for a person to fail to give information, if required, about proporty belonging to his spouse, parents or children. The words "spouse, parents and children" havo bem doletod because the person

/may