TNAG-0812-FCO40-1017-Allegations-of-bribery-and-corruption-in-Hong-Kong-1978 — Page 149

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PARLIAMENTARY QUESTION

for

ITTEN answer cn

on 10 May 1978

HK +GD

The draft reply should reach the Parliamentary Unit through your Under-Secretary by

NOON ON TUESDAY

9 MAY 1978

s

Mr Robert Parry (Liverpool, Scotland Exchange): To ask the Secretary of State for Foreign and Commonwealth Affairs, whether an individual member of the public in Hong Kong can ask the courts for an order to be issued to the Commissioner for the Independant Commission Against Corruption to investigate a specific complaint alleging a corruption offence prior to 1st January 1977; whether the Attorney General has powers to stop such an action; and in the event of the issue of such an order, whether the Commissioner would carry it out.

MR Evan Luand

st

Under

Any member of the public can ask the courts for such an order, but the application would be opposed by the Attorney-General. Section 18A of the Independent Commission Against Corruption Ordinance, the Commissioner is prohibited, subject to certain exceptions, from investigating complaints about corruption offences which are alleged to have been committed prior to 1January 1977. In the light of this provision, the courts are not empowered to make an order compelling the Commissioner to investigate alleged corruption offences committed before that date (unless they fall within the exceptions referred to above).

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