TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 52

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CONFIDENTIAL

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For discussion

15th January 1974

XCC(74)4

Copy No...

MEMORANDUM FOR EXECUTIVE COUNCIL

PREVENTION OF BRIBERY (AMENDMENT) BILL 1974

At Annex A for the consideration of Honourable Members

is the Prevention of Bribery (Amendment) Bill 1974.

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(a)

(b)

The twin purposes of the bill are:

to transfer the powers of investigation in the principal ordinance from the Director of the Anti-Corruption Office to the Commissioner of the new Commission Against Corruption; and

to give effect to certain recommendations made by Sir Alastair Blair-Kerr in his Second report for the strengthening of the principal ordinance.

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Honourable Members will recall that on 9th October 1973

the Governor in Council considered the Second Report of the Blair-Kerr Commission of Inquiry (memorandum XCS(73)10 a copy of which is at Annex B) and approved the objectives of the recommendations set out in paragraph 5 thereto.

4

Clauses 3 and 4 of the bill implement the recommendation contained in paragraphs 120-126 and paragraph 133 respectively of the Second Blair-Kerr Report. On conviction for an offence under section 10(1)(b) the court will be able to order the forfeiture of such part of the unexplained wealth of the person convicted as it thinks fit. A forfeiture order can only be made in respect of the wealth actually held by or for ✔ the person convicted at the time when the order is made.

5

Clause 5 amends section 13 of the principal ordinance to enable the Commissioner of the Commission Against Corruption to examine the accounts of any person where it appears to him that an offence under the ordinance may have been committed. This amendment was recommended in paragraph 147 of the Second Blair-Kerr Report.

6

Clause 6 makes the failure of a suspect to comply with a notice issued under section 14(1)(a) or (b) an offence, as recommended in paragraph 154 of the Second Blair-Kerr Report.

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