TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 46

INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL

(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.".

C117

8. The Independent Commission Against Corruption (Treatment of Amendment of Detained Persons) Order is amended-

(a) in paragraph 3-

Independent Commission Against Corruption (Treatment

"officer"; and

Persons) Order.. (Cap. 204, sub. leg.)

(i) by deleting "assistant director" and substituting the follow- of Detained ing-

(ii) in sub-paragraph (a) by inserting before "cause a close 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".

Explanatory Memorandum

This Bill amends the Independent Commission Against Corruption Ordinance by extending the powers of arrest to a number of offences frequently associated with corruption or disclosed in the course of investiga- tions and by widening the duties of the Commission. The Bill also establishes a Welfare Fund and makes a number of miscellaneous amend- ments which experience has shown to be desirable.

2. An offence that is closely associated with corruption is that of blackmail committed by a Crown servant when it involves the misuse of his office. Because of this close association, it is considered desirable that Commission officers should be able to arrest, without warrant, any Crown servant reasonably suspected of committing that type of blackmail offence. Clause 2(a) amends section 10(1) of the principal Ordinance accordingly.

3. Investigations into corruption offences frequently reveal that other offences may have been committed. At present, a Commission officer can arrest a person whom he reasonably suspects of committing another offence if it is one set out in section 10(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 Com- mission, 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 10C of the principal Ordinance, which provides powers to search premises, by empowering