TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 137

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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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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