Section 10C of the principal Ordinance confers on investigating officers of the Commission powers of entry and search similar to those conferred by sections 16 and 17 of the Prevention of Bribery Ordinance. Clause 4 amends section 10C to follow the amendments to those sections for the reasons contained in paragraphs 28 and 29.
Extension of time limit for prosecution
of certain summary offences
49
The way in which it became apparent that certain offences triable only summarily under the Prevention of Bribery Ordinance were subject to a limitation of 6 months for prosecution has already been described in paragraph 32 above. There are three sections under the Independent Commission Against Corruption Ordinance containing offences (sections 13A, 13B and 13C). Clause 6 provides that the time limits in respect of offences under sections 13B and 13C should be extended to one year. Section 13A offences remain at 6 months.
Welfare Fund
50
Clause 7 of the bill adds a new section to the Ordinance to provide for the establishment and operation of a Welfare Fund for the Independent Commission Against Corruption. The Fund, which will be available for both officers and civilian employees of the Commission and their dependents, will operate in similar fashion to other Welfare Funds established for the disciplined services of Government.
Financial and staffing implications
51
There are no staffing implications in the proposed changes to the principal Ordinances, many of which will in general facilitate investigations and prosecutions. The setting up and maintenance of the ICAC Welfare Fund is expected to cost approximately $10,000 a year.
Public reaction
52
The general reaction of the public and the media to the broad thrust of the proposals is not expected to be critical. In particular the provision which takes account of overseas transactions will be welcomed.
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