Hong Kong hardens its stance on corruption

Source: Xinhua  |   2008-7-5  |     NEWSPAPER EDITION

MEASURES to stamp out corruption came into effect in Hong Kong yesterday.

The Prevention of Bribery (Amendment) Ordinance imposes restrictions on the chief executive in respect of any acts of bribery, solicitation and acceptance of advantages, and possession of unexplained property.

It also introduces a referral mechanism to handle a corruption complaint against the chief executive.

According to the ordinance, the chief executive will commit an offense if he solicits or accepts any bribes. Anyone who offers bribes to the chief executive will also commit an offense.

If any chief executive or former chief executive maintains a standard of living or controls property disproportionate to his income that he cannot satisfactorily explain to the court, he will be also guilty of an offense.

The ordinance also provides that when, on investigation by the Independent Commission Against Corruption, there is reason to suspect the chief executive may have committed an offense, the ICAC commissioner may refer the matter to the secretary for justice.

If he has reason to suspect the chief executive may have committed an offense, the matter may then go before law makers for them to consider whether to take action under Basic Law.

At present, the chief executive is prohibited from offering or accepting bribes under the common law offense of bribery.

Under Basic Law, the chief executive must be a person of integrity and declare his assets to the chief justice of the Court of Final Appeal. An impeachment mechanism is also available to handle charges of serious breach of law and dereliction of duty by the chief executive.

Since 1997, the chief executive's office has maintained a register of official gifts presented to the chief executive. The register is updated monthly and published on to the office's Website.