TNAG-1430-FCO40-1913-Hong-Kong-Independent-Commission-Against-Corruption-(ICAC)-1985 — Page 107

- I

律政司署

中區政府合署(中座)

CONFIDENTIAL

LEGAL DEPARTMENT,

CENTRAL GOVERNMENT OFFICES,

(MAIN WING),

HONG KONG.

4

한

* OUR Ref.:

AGC 12/1250/73C IV

來函檔號 YOUR REF.:

TEL. No.:

5-841 3319

·

Legal Adviser

Hong Kong Department

Foreign and Commonwealth Office Whitehall, SW1

U.K.

Dear Sir,

Jelen.

To enter Sn with

18 September 1985 presies pp. plex,

Partic X.

HKIC 382/2

RECEIVED IN REGISTRY

0 10CT 1985

DESK OFFICER

INDEX

PA

STRY

Action Taken

Paulk forr

30 ix

Ke

Prevention of Bribery Ordinance

(Cap. 201)

As part of a regular review of the legislation

under which the Independent Commission Against Corruption operates amendments are being proposed to the above Ordinance. I enclose a draft of the Prevention of Bribery (Amendment) Bill 1985 which is nearing readiness for presentation to the Executive Council.

2.

Your comments on any provision of the Bill will be welcome, but it is referred to you for advice on one particular aspect - an amendment to section 12 of the Ordinance (penalties) to provide for a confiscation order against the property of a Crown servant convicted of a corruption offence or of the property of a third party with whom he is closely connected. This is in clause 4 of the Bill.

3.

A previous proposal to amend section 12 along similar lines gave rise to a spirited exchange of telegrams between this office and the Secretary for Stăte in September/ October 1973.

4.

The objection was raised that it was wrong to order the confiscation of third party property, and particularly wrong if it was done on the basis of a presumption such as exists in the present section 10(2) of the Ordinance.

/5..