A108
Ord. No. 27/80
Amendment of section 10C.
Amendment of section 12.
Addition of
new section 13E.
Addition of new section
17A.
INDEPENDENT COMMISSION AGAINST
CORRUPTION (AMENDMENT)
4. Section 10C of the principal Ordinance is amended—
(a) in subsection (1)—–—
(i) by deleting the full stop at the end of paragraph (c) and substituting a semicolon; and
(ii) by inserting after paragraph (c) the following—
"(d) subject to subsection (1A), detain any person found in any premises or place which he is empowered by this Ordinance to search until such premises or place have or has been searched."; and
(b) by inserting after subsection (1) the following-
"(1A) A person may not be detained under subsec- tion (1)(d) for more than 3 hours after the officer first entered unless, in the meantime, the person so detained is arrested.".
Section 12(b) of the principal Ordinance is amended by inserting after "Ordinance" in the third place where it occurs the following-
5.
"and any alleged or suspected conspiracy to commit an offence (Cap. 201.) 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".
6.
The principal Ordinance is amended by adding after section 13D the following section-
"Time limit for
prosecution
of offences under section
13B or 13C. (Cap. 227.)
13E. (1) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 13B or 13C within 1 year from the time when the matter of such complaint or information respectively arose.
(2) Where a person has, before the commencement of the Independent Commission Against Corruption (Amend- ment) Ordinance 1980, committed an offence under section 13B or 13C and but for subsection (1) would not be liable to prosecution for that offence by reason of section 26 of the Magistrates Ordinance, he shall, notwithstanding sub- section (1), not be liable to be prosecuted for that offence.".
The principal Ordinance is amended by adding after section 17 the following-
7.
"Welfare fund.
17A. (1) There shall be established a fund to be known as the "Independent Commission Against Corruption Welfare Fund".
(2) The fund shall consist of-
(a) such donations and voluntary contributions as may
be made thereto;
(b) such sums as may, from time to time, be voted
thereto by the Legislative Council; and
(c) such sums as may accrue by way of dividend or interest from the investment of the fund or any part thereof.
(3) The fund shall be controlled by the Commissioner and applied to the following purposes-
(a) procuring for officers of the Commission and other persons employed by the Commission or for former
8.
INDEPENDENT COMMISSION AGAINST
CORRUPTION (AMENDMENT)
Ord. No. 27/80
A109
officers or persons so employed who have ceased employment or retired on pension, gratuity or other allowance, comforts, conveniences or other benefits not chargeable to the general revenue;
(b) granting loans to officers of the Commission and other persons employed by the Commission or former officers of the Commission and other persons formerly employed by the Commission who have ceased to be employed or retired on pension, gratuity or other allowance;
(c) making grants to persons who were wholly or partially dependent at the time of his death on- (i) a deceased officer or a deceased former officer of the Commission who had ceased to be employed or had retired on pension, gratuity or other allow- ance; or
(ii) a deceased person employed by the Commis- sion or a deceased person who was at any time employed by the Commission and who had ceased to be employed or had retired on pension, gratuity or other allowance,
and who are in need of financial assistance, whether towards the payment of funeral expenses of the deceased or otherwise.".
The Independent Commission Against Corruption (Treatment of Amendment of Detained Persons) Order is amended-
1980.
(a) in paragraph 3—
Independent
Commission
Against Corruption
(i) by deleting "assistant director" and substituting the follow- (Treatment ing-
"officer"; and
of Detained Persons) Order. (Cap. 204,
(ii) in sub-paragraph (a) by inserting before "cause a close sub. leg.) relative" the following—
"at the request of the detainee,”; and
(b) in paragraph 5(1) by deleting "An assistant director of the Com-
mission" and substituting the following—
"An officer of the rank of Senior Commission Against Corrup- tion Officer or above".
Passed by the Hong Kong Legislative Council this 25th day of June
LORNA LEUNG,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LORNA LEUNG,
Clerk to the Legislative Council.
No comments yet.
Private notes are available after approval.