TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 71

4

Amendment

Provision

Insert after paragraph 2 the following-

New para graph 2A

Paragraph 4

Paragraph 5

Paragraph 9(4)

Paragraph 12

Paragraph 17

"Detainee to be taken to Detention Centre.

2A. An officer of the rank of Senior Com- mission Against Corruption Officer or above who detains or authorizes the detention of a detainee shall cause the detainee to be taken to the Detention Centre and placed in the custody of the guarding officer.".

(a) In sub-paragraph (2)(b), delete "; and" and substitute

a full stop; and

(b) delete sub-paragraph (2)(c).

Delete the paragraph and substitute the following—

"Appointment

and duties of

guarding

officers.

5. (1) The Commissioner may appoint officers to be guarding officers for the purposes of this order.

(2) A guarding officer shall, while a de- tainee is in his custody, be responsible for the safe custody and welfare of the detainee and for discharging such other duties as are imposed on him by this order in relation to the detainee.

(3) Notwithstanding anything in para- graph 2A or in this paragraph, the guarding officer may temporarily place a detainee in the custody of another officer for the purpose of furthering an investigation, in which case that other officer shall, until he returns the detainee to the custody of the guarding officer at the Detention Centre, have the responsibilities and duties of a guarding officer referred to in sub- paragraph (2) in relation to the detainee.".

Delete", if he so requests,".

(a) In sub-paragraph (2), delete "to a Government hospital"

and substitute the following-

"elsewhere"; and

(b) in sub-paragraph (3), insert after "officer" the following-

"until lawfully released on bail or otherwise”.

In paragraph 3 of the terms of the Notice to Persons Detained—

(a) in sub-paragraph (b), delete "; and" and substitute a full

stop; and

(b) delete sub-paragraph (c).

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Explanatory Memorandum

This Bill makes miscellaneous amendments to the Independent Commission Against Corruption Ordinance.

2.

Clause 2 amends section 2 of the principal Ordinance to provide that the terms "public body” and “public servant” have the same meaning as in the Prevention of Bribery Ordinance.

3.

Clause 3 removes a reference to the Colony in section 4 of the principal Ordinance.

4. Clause 4 amends section 10 of the principal Ordinance which deals with powers of arrest by Commission officers. The section contains a list of "related" offences for which a Commission officer may arrest a person if the offence is disclosed in the course of an investigation into an offence under the Prevention of Bribery Ordinance. Included in the list is the offence of obtaining pecuniary advantage by deception under section 18 of the Theft Ordinance. In 1980 part of section 18 was repealed and replaced by three separate and more specific offences, enacted as new sections 18A, 18B and 18C and dealing with, respectively, obtaining services by deception, evading liability by deception, and making off without payment. A further offence, that of procuring false entries in the records of a bank or deposit-taking company, was added as section 18D of the Theft Ordinance in 1986. The amendment to section 10 is to insert these four offences in the list.

5. Clause 5 corrects a reference to detention pursuant to an order under the Magistrates Ordinance.

6. Clause 6 inserts new section 10AA which gives Commission officers the power to arrest a person who has been granted bail in respect of a suspected offence referred to in section 10 of the Ordinance, where the officers have reason to believe that bail has been or will be broken. Similar powers granted to police officers in respect of offences generally are contained in the Criminal Procedure Ordinance.

7. Clauses 7 and 8 increase maximum fines for the offences of obstructing a Commission officer and making false statements or reports.

8. Clause 9 and the Schedule to the Bill provide for minor amend- ments to the Independent Commission Against Corruption (Treatment of Detained Persons) Order. Paragraph 2 of the Order is amended to define the Commission's Detention Centre facilities and to redefine "guarding officer" in terms which reflect current practices. A new paragraph 2A provides that a person detained at the offices of the Commission must be taken to the Detention Centre. The appointment and duties of guarding officers in paragraph 5 of the Order are revised in line with current practices.

9. Paragraphs 4, 9, 12 and 17 of the Order are amended to remove redundant or obsolete provisions.

10. The Bill has no Public Service staffing or public expenditure implications.