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59.
On balance, we recommend (b) in paragraph 56 above
as this would be more defensible.
ICAC and law enforcement agencies
60.
The effect of the BOR on the operational efficiency of the ICAC and law enforcement agencies, and hence law and order, attracted intense publicity. The majority of the DB members which spoke on this aspect of the BOR did not express a view on the specific question of exemption; they were, however, concerned that the maintenance of law and order should not be undermined by a BOR. They expressed the wish to see a balance between the two. However, most of them who expressed a view on the specific question of exemption were opposed to the idea. The submissions which expressed a view on this subject were practically all
all against the exemption of ICAC and law enforcement agencies from the BOR.
61.
Likewise, the LegCo Ad Hoc Group does not support any exemption to the ICAC and law enforcement agencies. The Group has urged the Administration to give
to give careful thought to how such provisions dealing with matters such as maintenance of law and order and control of immigration may be amended so that they are both consistent with the BOR and effective in protecting the community. In respect of the ICAC, the Group recommends that the Administration and the ICAC should devise legislative amendments to the ICAC and Prevention of Bribery Ordinances which would be both consistent with the Bill and effective in enabling the ICAC to investigate successfully allegations of corruption.
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