A
For decision
on 8 January 1991
CONFIDENTIAL
XCC (91) 10
Copy No..
MEMORANDUM FOR EXECUTIVE COUNCIL
34....
Independent Commission Against Corruption Ordinance
(Chapter 204)
INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1991
Keep it
17s som
راو
THE PROBLEM
The provisions of the Independent Commission Against Corruption Ordinance need amendment to enable the Independent Commission Against Corruption (ICAC) to better police abuses
in the 1991 and future elections.
RECOMMENDATION AND ADVICE SOUGHT
2
It is recommended that the Independent Commission Against Corruption (Amendment) Bill 1991, at Annex A, should be introduced into the Legislative Council.
3
Members will be asked to advise whether this recommendation should be approved.
BACKGROUND AND ARGUMENT Background
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The division of responsibility between the Police and the ICAC in dealing with electoral offences is well defined : the Police are concerned with the public order aspects of elections, whereas the ICAC are
concerned with the investigation of electoral offences.
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Section 12 of the Independent Commission Against Corruption Ordinance makes it a duty of the Commissioner, ICAC, to investigate alleged or suspected offences under, inter alia, the Corrupt and Illegal Practices Ordinance (Chapter 288), which is designed for the prevention of corrupt and illegal
illegal practices at elections. Section 10(1) of the Independent Commission Against Corruption Ordinance specifically enables an officer of the ICAC to arrest a person if he suspects that person is guilty of an offence under the Corrupt and Illegal Practices Ordinance (and also under the Prevention of Bribery and the Independent Commission Against Corruption Ordinances). Section 10(2) provides for the arrest a person he suspects, during the process of
officer to
CONFIDENTIAL
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