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BACKGROUND AND ARGUMENT
1.
The ICAC has considered with the assistance of
counsel from the Attorney General's Chambers the effect of
the BOR Ordinance on the two main ICAC enabling
ordinances. A third ICAC ordinance, i.e. the Corrupt and
illegal Practices Ordinance, Chapter 288, will be
considered after a full review of it has been completed by
the Secretary for Constitutional Affairs following analysis
of the 1991 election process.
5.
The review of these two ordinances has been
done giving due consideration to the importance of ensuring
the continuing effectiveness of the legislation and ICAC ́s
capability to effectively investigate corruption. From
amongst provisions identified as being possibly contrary to
the BOR Ordinance, six are regarded as so patently contrary
to the ordinance that deletion or amendment is essential.
No immediate legislative action is planned on other
possible areas of conflict as it is considered they should
be left intact pending challenge and arguments in the
courts.
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