the Staff Associations. It was also published in the Government Gazette; and ample opportunity was given for public criticism.
12. There was a good deal of criticism locally; and the Legal Advisers to the Secretary of State were very critical of several provisions. In fact, a number of drafts of the Bill were prepared and fully discussed during 1969 and 1970, and a large number of amendments were made in response to criticism from various quarters. The Bill was eventually passed by the Legislative Council as the Prevention of Bribery Ordinance on 16th December 1970; but it did not come into force until 14th May 1971. A copy of the Ordinance [included in the current edition of our laws as Cap. 201] is annexed to this report and marked “C”.
13. There is no doubt that Cap. 201 is a more powerful weapon for the fight against corruption than the former Cap. 215. I shall endeavour to summarise its provisions in layman's language. Part II creates various offences. It strikes at both the "giver" and the "receiver" of a bribe; but the sections do not actually use the word "bribe". What is prohibited is offering, soliciting and accepting an advantage. For the purposes of the Ordinance, the word "advantage" is defined in section 2(1); and it would be difficult to imagine a broader definition. Similarly, section 2(2) defines the words “offers", "solicits" and "accepts"; and, again, it would be difficult to imagine broader definitions.
14. The first of the various offences created by Part II is contained in section 3. It applies to Crown servants only (i.e. officers of the Hong Kong Government); and, unlike the position under section 3(1) of the former Cap. 215, the advantage under section 3 of Cap. 201 does not have to be proved to have been solicited or accepted as an inducement to, or reward for, or otherwise on account of, the doing, or not doing, of anything by the Crown 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 by reason of the comprehensive definitions in section 2(2).
15. The prohibition in section 3 is not absolute. It is the acceptance of an advantage "without the general or special permission of the Governor" which is prohibited; and in the Acceptance of Advantages Regulations [a copy of which is annexed to this report and marked “D”] the Governor has signified his general permission to Crown servants in regard to the acceptance of a number of specified advantages, and regulates the procedure in regard to the grant of special permission in respect of any other advantage. Indeed, it was the drafting of these regulations which caused the delay in bringing the Ordinance into force.
16. The term "public servant” is widely defined in section 2(1). It includes not only persons employed by the Government but also members of the Executive, Legislative and Urban Councils and employees of a number of public utility companies and other public bodies enumerated in the Schedule to the Ordinance. Section 4 applies to all public servants. It is in two parts. Subsection (1) makes it an offence for any person, without lawful authority or reasonable excuse, to offer any advantage to a public servant; but the prosecution must prove that such offering was for the purpose of inducing the public servant to abuse his official position, or as a reward for his having abused it, in any of the ways indicated in the section. Subsection (2) makes it an offence for a public servant, without lawful authority or reasonable excuse, to solicit or accept any advantage as such induce- ment or reward. The Ordinance makes no attempt to define what is "lawful authority or reasonable excuse”. It is left to the courts to decide, in the circumstances of each case, whether this defence has been established.
17. Sections 5 and 6 deal with-
(1) persons who induce or attempt to induce public servants to use undue influence in the promotion,
execution or procuring of public contracts and allied sub-contracts;
(2) persons who induce or attempt to induce others to withdraw or not make tenders for such contracts; (3) public servants and others who solicit or accept an advantage for such purposes.
18. Section 7 makes it an offence to induce, or attempt to induce, others not to make bids at auctions con- ducted by or on behalf of any public body, and to solicit or accept any advantage for this purpose, unless there is some lawful authority or reasonable excuse for such conduct.
19. Section 8 makes it an offence for a person, who has dealings with a public body, to offer any advantage to a public servant employed by that public body, or in the case of the Government, a Crown servant employed in that section of Government with which he has dealings.
20. Section 9 prohibits dishonest transactions by and with agents. "Agent" is defined in section 2 as including “a public servant and any person employed by or acting for another". Section 9, therefore, deals with dishonest transactions in both the public and commercial sectors of society. The section is in much the same terms as section 1 of the Prevention of Corruption Act 1906. So far as my researches go, this was the first occasion in England that the Legislature frowned upon "corrupt” behaviour in commercial life.
At any rate, the provision was re-enacted in Hong Kong in 1948 as section 4 of Cap. 215. No offence under section 9
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