CHAPTER 1 THE HISTORICAL DEVELOPMENT OF HONG KONG’S ANTI-CORRUPTION LAW
1. 1841–1898: The Imported Common Law
2. 1898: The Misdemeanours Punishment Ordinance
3. 1948–1971: The Prevention of Corruption Ordinance
4. 1948–1968: Years of Growing Public Concern
5. 1968–1970: Review of the Existing Law
6. 1970: The Prevention of Bribery Bill
7. The Prevention of Bribery Ordinance
8. The Godber Scandal and the Blair-Kerr Inquiry
9. The ICAC and the Prevention of Bribery Ordinance: A New Anti-Corruption Regime for Hong Kong
10. 1974–1991
11. The Introduction of the Hong Kong Bill of Rights
12. The Dismissal of the ICAC’s Deputy Director of Operations
13. The Report of the ICAC Review Committee
14. The United Nations Convention Against Corruption (UNCAC)
15. Application of the Prevention of Bribery Ordinance to the
Chief Executive
16. The Code for Officials under the Political Appointment System
17. The Civil Service Code
CHAPTER 2 THE ICAC OF THE HONG KONG SAR – PART I: ESTABLISHMENT AND STRUCTURE
- Predecessors of the ICAC
- The Structure of the ICAC
- The Operations Department: 1974 to the Present Day
CHAPTER 3 THE ICAC OF THE HONG KONG SAR – PART II: JURISDICTION AND OPERATIONS
- Establishment of the ICAC and Appointment of the Commissioner
- The Investigative Jurisdiction of the ICAC
- The Commissioner’s Right to Investigate Non-Corruption Crime
- The Right of ICAC Officers to Lay Informations for Non-Corruption Offences
- Offences Impeding the Work of the ICAC
CHAPTER 4 POWERS OF ARREST AND DETENTION
1. The Nature of Arrest
2. The Process of Arrest
3. Reasonable Suspicion
4. Powers of Arrest
5. Procedure After Arrest
6. Detention in ICAC Custody
CHAPTER 5 PART I OF THE PREVENTION OF BRIBERY ORDINANCE
1. Overview of the Prevention of Bribery Ordinance
2. Interpreting the Prevention of Bribery Ordinance
3. The Interpretation and General Clauses Ordinance
4. The Definition of Advantage
5. Category (a) in the Definition of Advantage
6. Category (b) in the Definition of Advantage
7. Category (c) in the Definition of Advantage
8. Category (d) in the Definition of Advantage
9. Category (e) in the Definition of Advantage
10. Category (f) in the Definition of Advantage
11. Agent
12. Prescribed Officer
13. Public Servant
14. Definition of Offers
15. Definitions of Solicits and Accepts
CHAPTER 6 THE MENS REA OF PART II OFFENCES
1. Mens Rea (1): The General Principles
2. Mens Rea (2): The Relevance of the State of Mind of the Offeror on an Accepting Charge
3. Mens Rea (3): Soliciting and Accepting Accused Denying a Corrupt Intent
4. Mens Rea (4): Accused Offerors and Post-Offer Conduct
5. Mens Rea (5): Section 11 of the Prevention of Bribery Ordinance
6. “As an Inducement to or Reward for or Otherwise on Account of”
7. Lawful Authority or Reasonable Excuse
CHAPTER 7 SECTIONS 3 AND 8, PREVENTION OF BRIBERY ORDINANCE: THE OFFER AND ACCEPTANCE OF ADVANTAGES WITHOUT A CORRUPT PURPOSE
1. Section 3: Prescribed Officer Soliciting or Accepting an Advantage
2. The Framework of Section 3
3. The Role of Section 3
4. Acceptance of Advantages (Chief Executive’s Permission) Notice 2010
5. Section 8: Bribery of Prescribed Officers and Public Servants by Persons Having Dealings with the Government and Public Bodies
6. The Framework of Section 8
7. The Role of Section 8
CHAPTER 8 SECTIONS 4 TO 7, PREVENTION OF BRIBERY ORDINANCE: CORRUPTION INVOLVING PUBLIC BODIES
1. Public Sector Corruption
2. Section 4: Bribery of Public Servants
3. Paragraphs (a) and (b) of Section 4
4. Paragraph (c) of Section 4
5. The Role of Section 4
6. Section 5: Bribery in Regard to Public Body Contracts
7. The Role of Section 5
8. Section 6: Bribery for Procuring the Withdrawal of Tenders for Public Contracts
9. Section 7: Bribery in Relation to Auctions
10. The Roles of Sections 6 and 7
CHAPTER 9 SECTION 9, PREVENTION OF BRIBERY ORDINANCE: CORRUPT TRANSACTIONS WITH AGENTS
1. Section 9(1) and (2): Bribery of Agents
2. The Elements of the Definition
3. Section 9(4) and (5): Principal’s Consent
4. The Role of Section 9(1) and (2)
5. Section 9(3): Corrupt Transactions with Agents
6. The Role of Section 9(3)
CHAPTER 10 SECTION 10, PREVENTION OF BRIBERY ORDINANCE: EXPLAINING UNDUE WEALTH
1. Section 10
2. Penalties for Section 10 Offences
3. The Historical Background to Section 10
4. Section 10: An Overview
5. The Reversal of the Burden of Proof and the Bill of Rights
6. The Status of “Being or Having Been
a Prescribed Officer”
7. Official Emoluments
8. The Operation of the Burden of Proof on the Trial of Section 10 Offences
9. Incommensurateness and Disproportion
10. Meaning of Satisfactory Explanation
11. Section 10(1)(a): Maintaining an Incommensurate Standard of Living
12. Section 10(1)(b): Controlling Disproportionate Pecuniary Resources or Property
13. Section 10(2): Presumption of Control by the Accused of Third Party Property
14. Aiding and Abetting a Section 10 Offence
15. Proving a Section 10 Offence by Evidence Suggesting the Accused Might be Corrupt
16. Section 12(3)–(5): Restitution Provisions for Section 10(1)(b)
17. Confiscation of Assets
CHAPTER 11 SENTENCING FOR CORRUPTION OFFENCES
1. Section 12: Penalties for Part II Offences
2. Sentencing Policy
3. Sentencing Principles (1): General Principles
4. Sentencing Principles (2): Sentencing for Multiple Offences
5. Sentencing Principles (3): The Length of the Prison Term
6. Sentencing Principles (4): Suspension of a Custodial Sentence
7. Community Service Orders
8. The Cautioning Procedure
9. Sentencing in Magistrate’s Courts
10. Restitution Orders under Section 12(1) and (2
11. The Different Types of Criminality in Corruption Cases
12. Section 3 Sentencing Cases
13. Section 4 Sentencing Cases
14. Section 8 Sentencing Cases
15. Section 9 Sentencing Cases
16. Section 9(3) Sentencing Cases
17. Section 10 Sentencing Cases
CHAPTER 12 POWERS OF INVESTIGATION
1. Introduction
2. Section 13(1) ICACO: The Commissioner’s Power to Authorise Others
3. Compulsive Powers and Human Rights Law
4. Legal Professional Privilege and POBO and ICACO Powers
5. Dissemination of Investigative Materials Other Than for Prosecution
6. Common Features of the Part III POBO Powers
7. Procedures for Part III Applications
8. Powers in Respect of Prescribed Officers, Public Servants and Public Bodies
9. Part III POBO: Powers of General Application
10. Search and Seizure Powers
11. Section 17A–17C: Surrender and Return of Travel Document
CHAPTER 13 PROSECUTING OFFENCES UNDER THE PREVENTION OF BRIBERY ORDINANCE
1. The Offences
2. The Charges
3. The Evidence
4. The Trial
CHAPTER 14 THE COMMON LAW OFFENCE OF MISCONDUCT IN PUBLIC OFFICE
1. The Common Law and Abuse of Public Office
2. The Importance the Common Law Attaches to Public Office
3. The Common Law Offence of Misconduct in Public Office
4. The Elements of the Offence of Misconduct in Public Office
5. Element (1): Being a public official
6. Elements (2), (3) and (5): The Actus Reus of the Offence
7. Elements (3) and (4): The Mens Rea of the Offence
8. Sentencing Principles
9. Conclusion
APPENDIX
Organisation of the Independent Commission Against Corruption
Prevention of Bribery Ordinance (Cap 201)
Independent Commission Against Corruption Ordinance (Cap 204)
Independent Commission Against Corruption (Treatment of Detained Persons) Order (Cap 204A)
Index
