TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 49

LONG KUNG

LEGAL REPORT

Enclosure No. 2

THE INDEPENDENT COMMISSION AGAINST CORRUPTION

(AMENDMENT) ORDINANCE 1980 (No. 27 of 1980)

This ordinance amends the Independent commission Against Corruption ordinance by extending the powers of arrest té a mmber of offences frequently associated with corruption or disclosed in the course of investigations and by widening the duties of the Commission. The Bill also estabžishes a Velfare Fund and makes a number of miscellaneous amandments which experience has shown to be desirable.

2.

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

3.

Investigations into corruption offences Projuently reveal that other offences may bave been committed. A Commission officer can arrest a person whom he reasonabi y 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 formerly set out are the offences of theft and false accounting. section 2(b) amends section 10(5) by adding these offences, and a conspiracy or an attempt to commit either of them.

cas

The pover to detain or bail suspects under section 104 of the principal ordinance is set at the level of assistant [rector of the Commission, of whom there are three. section

amends section 10A by providing that the power may

exercised by an officer of or above the rank of senior Commission Against Corruption officer.

5.

section 4 amends section 100 of the principal örðinance, which provides povers to search premises," by empowering the officer authorized to carry out a search to detain any person found in the prend ses or place until the search is completed. However, à person can only be detained for a maximum of 3 hours from first entry unless he is othervi se arrested.

6.

section 5 extended 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 anță any alleged or suspected offence of blackmná.7.