TNAG-2213-FCO40-3179-Future-of-Hong-Kong-elections-memoranda-1991 — Page 145

Annex 3

Extract from the ICAC Ordinance (Cap. 204)

10. (1) An officer authorized in that behalf by the Commis- - Power of arrest. sioner may without warrant arrest a person if he reasonably suspects that such person is guilty of an offence under this Ordinance or the Prevention of Bribery Ordinance or the Corrupt and Illegal Practices Ordinance or, being a Crown servant, is guilty of an offence of blackmail committed by or through the misuse of office. (Amended. 27 of 1980, s. 2)

(2) Where, during an investigation by the Commission of a suspected offence under the Prevention of Bribery Ordinance. another offence is disclosed, any such officer may without warrant arrest a person if he reasonably suspects that such person is guilty of that other offence and—

(a) he reasonably suspects that such other offence was connect- ed with, or that either directly or indirectly its commission

was facilitated by, the suspected offence under the Preven- tion of Bribery Ordinance; or

(b) the other offence is one which is specified for the purposes

of this subsection in subsection (5).

(Cap. 201.)

(Cap. 211.)

12. It shall be the duty of the Commissioner, on behalf of the Governor, to—

(a) receive.and consider complaints alleging corrupt practices and investigate such of those complaints as he considers practicable;

(b) investigate any alleged or suspected offences under this Ordinance, the Prevention of Bribery Ordinance or the Corrupt and Illegal Practices Ordinance and any alleged or suspected conspiracy to commit an offence under the Prevention of Bribery Ordinance and any alleged or suspected offence of blackmail committed by a Crown servant by or through the misuse of office; (Amended, 14 of 1976, s: 3 and 27 of 1980, s. 5)

(c) investigate any conduct of a Crown servant which, in the opinion of the Commissioner, is connected with or con- ducive to corrupt practices and to report thereon to the Governor;

(d) examine the practices and procedures of Government departments and public bodies, in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Commissioner, may be conducive to corrupt practices;

(e) instruct. advise and assist any person. on the latter's request, on ways in which corrupt practices may be elimi- nated by such person:

( advise heads of Government departments or of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such depart- ments or public bodies which the Commissioner thinks necessary to reduce the likelihood of the occurrence of corrupt practices:

(g) educate the public against the evils of corruption; and (h) enlist and foster public support in combatting corruption.

Duties of the Commissioner.

(Cap. 301.)

(Cap. 238.)