TNAG-1430-FCO40-1913-Hong-Kong-Independent-Commission-Against-Corruption-(ICAC)-1985 — Page 6

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

SK1AFN

HKK 387/2/

RECEIVED IN REGISM

06 DEC 1985

DESK OFFICER

INDEX

PS/Mr Renton

CONFIDEN TIAL

bon Taken

Jak thanks.

il.

Are the enclosumni Fig

Correct? There it appears

น.

4/12/2

HKK 382/2

телна ter wo isome

35

2. Mr. Leeks, HKD.

Jo

FROM: A C Galsworthy, HKD

DA TE : 2 December 1985

cc:

Private Secretary

Sir W Harding

R.

the amendment to section 12 ? to trat comes?

12? 20

HONG KONG: PREVENTION OF BRIBERY (AMENDMEN T) BILL 1985

mir

A

1.

Problem

Prevention

amendments

of Bribery

to

Hong Kong have proposed to make certain

strengthen the provisions of the

Ordinance. Should we agree?

Recommendation

2.

I recommend that we agree to Hong Kong incorporating

these amendments in a Bill to be considered by EXCO. Legal

Advisers concur. I submit a telegram to Hong Kong.

Background

The

3.

Prevention of Bribery Ordinance, Chapter 201 of the

Laws of Hong Kong, was first enacted in Hong Kong in 1970 to

provide for the prosecution both of

both of corrupt Hong Kong Crown

servants and of those attempting to corrupt them. In 1974,

following extensive consultation with us, the Ordinance was

substantially amended to increase the penalties for these

offences, and to provide the newly created Independent

Commission Against Corruption with wide-ranging powers of

investigation, arrest and seizure.

4.

Hong Kong have recently reviewed the operation of the

Ordinance, and have formulated proposals to amend certain of

its

provisions.

The only potentially controversial

the

amendment is that proposed for Section 12 of the Ordinance,.

which Hong Kong propose should now provide additionally for

a confiscation order to be made by a Court against

property either of a Crown

servant convicted of a

corruption

CONFIDENTIAL

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