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Anti-Corruption Ordinance

Preamble

The Anti-Corruption Ordinance establishes a framework for preventing and investigating bribery and corruption, and provides penalties for offenders.

Interpretation and Application

Definition of Bribery

  • The term “bribery” is defined as an offence under this Ordinance.
  • Section 1 sets out the definition of bribery in accordance with this Ordinance.

Scope of the Ordinance

  • The provisions of this Ordinance apply to any person who is a public officer or has official duties (Section 2).
  • This Ordinance applies in addition to other laws dealing with bribery and corruption (Section 3).

Powers of Investigation

  • The Commission and police have powers of investigation under this Ordinance, including the power to conduct investigations (Section 4).

Investigation

Conducting Investigations

  • An investigation may be conducted by either the Commission or the police, depending on the circumstances (Section 7).
  • The Commission must follow procedures set out in section 96 of the Integrity Commission Ordinance when conducting investigations (Section 8).

Whistleblower Protection and Complaints

Whistleblower Protection

  • The whistleblower protection provisions under the Integrity Commission Ordinance apply with modifications to this Ordinance (Section 12).
  • An individual who makes a complaint about bribery or corruption must not make false, frivolous, vexatious, or malicious allegations (Section 13).

Regulations, Consequential Provisions, and Savings

Regulations

  • The Governor may make regulations under this Ordinance (Section 17).

Abolition of Common Law Offences

  • The common law offences of bribery and embracery are abolished (Section 18).
  • Section 19 provides consequential amendments to other laws.

Schedule: Consequential Amendments

The Schedule lists specific amendments to various laws as a result of the abolition of common law offences of bribery and embracery, including:

  • Repealing sections related to bribery in the Elections Ordinance
  • Amending definitions and provisions in the Integrity Commission Ordinance

Overall, this Ordinance aims to strengthen anti-corruption measures and provide greater clarity on the definition and investigation of bribery and corruption in the jurisdiction.