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For discussion
on 17th December 1974
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XCC(74)94
Copy No...... of 80
MEMORANDUM FOR EXECUTIVE COUNCIL
Prevention of Bribery Ordinance
(Chapter 201)
AMENDMENT OF SCHEDULE UNDER SECTION 35
1351/21/14/2
A review of the organisations listed in the Schedule to the Prevention of Bribery Ordinance has been undertaken with a view to determining whether any additions or amendments should be made.
2
The purpose of the Schedule is to bring the organisations listed therein within the extended definition of "public body" in section 2(1)(f) of the Ordinance, thereby making their employees "public servants" for the purposes of the Ordinance.
3
The main effect of this is as follows. Sections 5, 6 and 7 of the Ordinance prohibit the bribing of "public servants" in relation to certain specific dealings with public bodies, namely contracts, tenders and auctions respectively. Section 4, which is one of the main sections of the Ordinance, prohibits both the offering (as defined) of an advantage to, and the solicitation (as defined) of an advantage by, a "public servant". Section 8 applies also to "public servants' and prohibits the offering of a bribe by a person who is having dealings with a "public body".
4
The criteria for the inclusion of organisations in the Schedule is under review but meanwhile it is considered desirable that the Schedule should be amended by the addition of the following bodies whose activities are clearly of a public character:
Chinese University of Hong Kong Commercial Television Limited
Fish Marketing Organisation
Hong Kong Air Cargo Terminals Limited
Hong Kong Building and Loan Agency
Hong Kong Export Credit Insurance Corporation
Hong Kong Model Housing Society
Hong Kong Polytechnic
Hong Kong Productivity Council
Hong Kong Tourist Association
Hong Kong Trade Development Council
Mass Transit Railway Provisional Authority
PA
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XCC(74)94
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Ocean Park Limited
2
Rediffusion Television Limited
Royal Hong Kong Jockey Club
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Royal Hong Kong Jockey Club (Charities) Limited
The Community Chest of Hong Kong
University of Hong Kong
Vegetable Marketing Organisation.
Rediffusion (Hong Kong) Limited closed down its wired television service in October 1973 and it is proposed to delete this company from the Schedule.
6
annexed.
A revised Schedule incorporating these amendments is
Public Relations Aspects
7
It is likely that the general public will welcome the pro- posals, but there may be some comment about the number of organisations which remain uncovered by this provision. If the proposal is approved, it is intended to issue a routine press release to coincide with the gazetting of the new Schedule. The release could mention that the Schedule is not static and that as new bodies come into existence to provide services of a public nature, it is intended that they should be included. Mention could also be made of the fact that the criteria for inclusion of organisations is currently under review.
8
Honourable Members will be asked to advise whether an order should be made under section 35 of the Prevention of Bribery Ordinance to amend the Schedule of public bodies in the manner proposed.
(The Commissioner Against Corruption (Mr J. CATER) will attend before the Council for the discussion of this item).
6th December 1974 (SCR 53/4266/73)
COUNCIL CHAMBER
C.S. 166
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ANNEX TO XCC(74)94
PREVENTION OF BRIBERY ORDINANCE
(Chapter 201)
AMENDMENT OF SCHEDULE
H
G.F. 323
In exercise of the power conferred by section 35 of
the Prevention of Bribery Ordinance, the Governor in
Council hereby revokes the Schedule to that Ordinance
and replaces it with the following
"SCHEDULE
ss. 2(1) and 35.7
Public Bodies
1.-
Cable and Wireless Limited.
2.-
China Light and Power Company Limited.
3. China Motor Bus Company Limited.
4.
Chinese University of Hong Kong.
5. Commercial Television Limited.
6..
Cross-Harbour Tunnel Company Limited.
7.
Fish Marketing Organization.
8.-
Hong Kong and China Gas Company Limited.
9.- Hong Kong and Yaumati Ferry Company Limited.
10.
Hong Kong Air Cargo Terminals Limited.
11.
Hong Kong Building and Loan Agency.
12. Hong Kong Commercial Broadcasting Company Limited.
13. Hong Kong Electric Company Limited.
14.
Hong Kong Export Credit Insurance Corporation.
15.- Hong Kong Housing Authority.
16. Hong Kong Housing Society.
17.
Hong Kong Model Housing Society.
18. Hong Kong Polytechnic.
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