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Corruption Prevention
CONFIDENTIAL
Possible Inconsistencies of Existing Legislation and Civil Service Practice with the International Covenant on Civil and Political Rights
A
Annex A (1)
Legislation
Prevention of Bribery Ordinance
Nature of Inconsistency
Powers conferred by the Ordinance upon the operational staff of the ICAC in relation to search, seizure and detention, during the course of investigation. Section 10, in particular, which makes it an offence for a Crown servant to be in possession of unexplained assets which are disproportionate to his means, would appear to violate the presumption of innocence (Article 14(2)).
Branch Remarks
Commissioner, ICAC's view is that while other offending sections of the Ordinance may be revised without too much penalty, removal of section 10 could significantly reduce the effectiveness of the ICAC in tackling corruption and bribery.
Immigration
control
Immigration Ordinance
Most of the breaches rise from the fact that under the Ordinance decisions are taken by the executive branch of Government, instead of the judiciary, such as deportation and exclusion orders. Other breaches include onus of proof of innocence on defendants, discrimination
the basis of different
on
Secretary for Security has advised that many of the offending provisions were introduced
specifically to provide powers necessary for the control of illegal immigration and VBP. Detailed study of the effect and feasibility of legislative reform is needed.
CONFIDENTIAL
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