TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 147

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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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