CONFIDENTIAL
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present, a Commission officer can arrest a person whom he
reasonably suspects of committing another offence if it is
one set out in section 1u(5) of the principal Ordinance.
Among the offences disclosed in the course of investigations
and not so set out are the offences of theft and false
accounting. Clause 2(b) amends section 10(5) by adding
these offences, and a conspiracy or an attempt to commit
either of them.
4.
The power to detain or bail suspects under
section 10A of the principal Ordinance is set at the
level of assistant director of the Commission, of whom
there are three. Clause 3 amends section 10A by providing
that the power may be exercised by an officer of or above
the rank of Senior Commission Against Corruption Officer.
5.
Clause 4 of the Bill amends section 100 of the
principal Ordinance, which provides powers to search
premises, by empowering the officer authorized to carry
out a search to detain any person found in the premises
or place until the search is completed.
6.
Clause 5 extends the duty of the Commission to
investigate certain offences to include any alleged or
suspected conspiracy to commit an offence under the
Prevention of Bribery Ordinance and any alleged or suspected
offence of blackmail committed by a Crown servant by or
through the misuse of office. Both offences are so
closely associated with corruption that it is considered
necessary for them to be subject to the Commission's
duty to investigate.
CONFIDENTIAL ##
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