TNAG-0407-FCO40-453-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 161

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Surrender passport order

to suspect

By KEVIN SINCLAIR

A police superintendent under suspicion of corruption has been ordered to surrender his passport after a closed court hearing.

The policeman was taken to court by the Anti- Corruption Branch under a section of the Prevention of Bribery Ordinance, which is aimed at preventing suspects from leaving the Colony.

(The flight of Peter Godber from the Colony would probably · have been impossible if such an action had been taken against him, a reliable legal source indicated last night.)

Because of the wide powers of the Prevention of Bribery Ordinance, it is legally impossible to report most aspects of the court case involving the policeman.

But it was known last night that the superintendent is the same man who has been under the Anti-Corruption spotlight since he was first asked to explain his wealth in February.

He has refused to do so, and now has been given a further period in which to make representations to the Attorney- General about his financial affairs.

The man was taken to court under Section 18 of the Ordinance. This section says police can take a person before a magistrate if they suspect he plans to leave the Colony while under suspicion of corruption.

Sub-section 3 of Section 18 outlines what steps a magistrate may take with a suspect, including placing him on bail even though he has not been charged with an offence.

Sub-section 8 of Section 18 reads: "All proceedings before a magistrate under this section shall be conducted in camera."

++

Because of this sub-section, police yesterday were unable to say:

When the man appeared

in court.

What court or magistrate he appeared before.

The amount of bail on which he was released and if there were any sureties and, if so, for how much.

The length of the period of bail.

If he had anything to say

in his defence.

The identity of the man also remains

secret under the

provisions of the Ordinance.

In another development, the superintendent has also been "interdicted" by the force.

This is an internal disciplinary matter under the Colonial Regulations and is completely separate from the court proceedings.

To all intents and purposes, interdictment means suspension.

The superintendent cannot do the normal work of a policeman, has no power of arrest, has had to surrender his warrant card and has had his pay slashed.

He still has to report for duty every day, and it is believed he is handling unimportant clerical work.

If he is eventually cleared, all the money he has not been paid during the time of his suspension will be returned to him.

it was understood last night that no decision to charge the policeman with any offence under the Prevention of Bribery Ordinance has yet been made.

But, if the long "nvestigation does result in a charge, it will probably be laid against him - in an open geurl within the next two weeks.

95

SOUTH CHINA MORNING

POST

1

12th 73.

JULY 12th

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