TNAG-0493-FCO40-558-Establishment-of-Anti-Corruption-Commission-in-Hong-Kong-1974 — Page 77

HONG KONG

LEGAL REPORT

Enclosure No. 2

THE INDEPENDENT COMMISSION AGAINST CORRUPTION

ORDINANCE 1974

(No. 7 of 1974)

This Ordinance establishes an Independent Commission Against Corruption for the purposes of investigating offences under the Prevention of Bribery Ordinance and of combatting corruption generally in Hong Kong.

2.

The Independent Commission Against Corruption consists of the Commissioner, the Deputy Commissioner and officers appointed by the Commissioner to assist him in the performance of his functions (section 3).

3.

Section 5 provides for the appointment of the Commissioner by the Governor and makes the Commissioner responsible for the direction and administration of the Commission, subject only to the direction and control of the Governor.

4.

Sections 6 and 7 provide for the appointment of a Deputy Commissioner and an Acting Commissioner in the event of the absence from duty of the Commissioner and the Deputy Commissioner.

5. Section 8 enables the Commissioner to appoint such officers as the Governor thinks necessary to assist the Commissioner. The Commissioner is empowered to terminate any appointment, without assigning reason, if he is satisfied that the interests of the Commission so require. The terms and conditions of employment of officers will be subject to the approval of the Governor. They will be subject to the regulations which apply generally to public officers unless these are modified in their application to officers of the Commission.

6. Section 10 provides a power of arrest and detention for officers authorized by the Commissioner.

7. Section 11 provides for the making of standing orders by the Commissioner for the regulation of the Commission.

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