The Prevention of Bribery (Amendment) Ordinance 2008 has come into operation in Hong Kong as of Friday, imposing restrictions on the Chief Executive in respectof any acts of bribery, solicitation and acceptance of advantages,and possession of unexplained property.
According to the amendment ordinance gazetted Friday, a referral mechanism is introduced to handle a corruption complaint against the Chief Executive of the Hong Kong Special Administrative Region.
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 guilty of an offense, stipulates the amended bribery law.
If the Secretary for Justice has reason to suspect that the Chief Executive may have committed an offense under the Preventionof Bribery Ordinance, the Secretary for Justice may then refer thematter to lawmakers for them to consider whether to take any action under the Basic Law, Hong Kong's mini constitution.
The amendment ordinance allows lawmakers to disclose information in the Secretary for Justice's referral to the Secretary General of the Legislative Council (LegCo), who may thenmake disclosure to staff members of the LegCo Secretariat if so doing is reasonably necessary to enable lawmakers to take, or consider whether to take, any action under the Basic Law.
Once the impeachment proceedings under the Basic Law have been initiated, disclosure of information in the Secretary for Justice's referral by any party will no longer be subject to the restriction on disclosure under section 30 of the Prevention of Bribery Ordinance.
Since 1997, the Chief Executive's Office has maintained a register of gifts presented to the Chief Executive in his officialcapacity.
(Xinhua News Agency July 5, 2008)