TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 117

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frequently after reference to the particular investigation file concerned. My impression was that the Com- mittee could not be described as "a rubber stamp" for police decisions; and that it is very much a “watch-dog”; but, as I have said, I attended only one meeting.

55. Mr WARR, who was until recently Director of Audit, was a member of the Target Committee. He has retired and his place has been taken by the present Director of Audit. The present composition of the Target Committee is:

Chairman:

Official Members:

Unofficial Members:

Mr. Christopher J. R. DAWSON

Mr. J. B. Lees

Mr. F. de F. STRATTON

Mr. G. E. LYTH

Mr. R. G. B. BRIDGE

Professor Mackey

Mr. Kenneth C. K. Lo, M.B.E., J.P.

Deputy Commissioner of Police Director of Criminal Investigation Principal Crown Counsel

Director of Audit

Establishment Secretary's Representative

Professor of Engineering, University of Hong

Kong

American Steel Import Co.; Chief Commis-

sioner, The Scout Association.

The Anti-Corruption Office

56. In England, bribery and corruption cases are investigated by the C.I.D. in the ordinary way. However, in Hong Kong in 1952 the then Commissioner considered that it was desirable that a specialized unit should be established to investigate such cases; and in 1971 it was made a separate formation. Since then it has in fact been under the command of an Assistant Commissioner of Police, although under the Prevention of Bribery Ordinance it is not necessary that the Director should be a police officer at all. "Director" is defined in section 2 as "the person appointed by the Governor to be in charge of the Anti-Corruption Office.”

57. Since the Prevention of Bribery Ordinance came into force in May 1971, a senior member of the Attorney General's Chambers [designated as the "Assistant to the Attorney General (Anti-Corruption)"] has been attached to the Anti-Corruption Office on a full-time basis. His duties are as follows:-

(a) to advise the Office on the law relating to bribery and corrupt practices;

(b) to examine evidence in individual cases under investigation in the Office (whether or not involving bribery) and to advise the Office as to what further evidence may be necessary before a charge can be laid;

(c) to decide as to whether or not to prosecute and as to the charges which shall be laid in the light

of the evidence available;

(d) to exercise such powers as may be delegated to him by the Attorney General and to refer to the

Attorney General any matter which requires the latter's personal decision;

(e) to refer to a Law Officer any matter which the Assistant to the Attorney General considers requires

the attention of a Law Officer or concerning which a Law Officer has asked for information; (f) to advise the office as to which matters should, or should not, be referred to the Establishment Officer in order that the latter may consider whether or not disciplinary proceedings should be instituted against a Government officer.

The Attorney General has delegated to his Assistant the power to act on his behalf under sections 13, 17 and 31 except that it is not open to the Attorney General to delegate his power to consent to the institution of a prosecu- tion under section 10; and there has in fact been no delegation of power as regards section 14.

58. As I have said, at the present time the Anti-Corruption Office works under a Director who is an Assistant Commissioner of Police. The office consists of two groups, each headed by a Senior Superintendent, namely an Investigation group and a Support group. The Investigation group has three divisions: "A", "B" and "C" Divisions each of which is divided into five sections. Each Division is commanded by a senior superintendent who is usually an officer with not less than ten years police experience, at least 4 of which has been in the C.I.D. or Special Branch. The sections within the Divisions are commanded by Chief Inspectors of Police who usually have some C.I.D. experience and some command experience gained over no less than 6 or 7 years service in the police. Each section head is supported by 2 officers of inspector or senior inspector rank. No officer of inspector rank will be accepted by the Director unless he has a minimum of 3 years police experience and preferably some in C.I.D. Each section has two sergeants who will have had some investigation experience, and 4 or 5 detective constables.

59. The functions of the 3 divisions in the Investigation group differ. "A" Division works on Special Branch lines and is concerned essentially with the gathering of intelligence, that is to say ascertaining the pattern

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