The Prevention of Bribery (Amendment) Ordinance 2008 has come into operation, imposing 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 amendment ordinance, the Chief Executive will commit an offence if he solicits or accepts any bribes. Anyone who offers any bribes to the Chief Executive will also commit an offence.

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 offence.

Referral mechanism

The amendment ordinance also provides that when, upon investigation by the Independent Commission Against Corruption, there is reason to suspect that the Chief Executive may have committed an offence under the Prevention of Bribery Ordinance, the ICAC Commissioner may refer the matter to the Secretary for Justice.

If he has reason to suspect that the Chief Executive may have committed an offence under the Prevention of Bribery Ordinance, the Secretary for Justice may then refer the matter to lawmakers for them to consider whether to take any action under the Basic Law Article 73(9). 

The amendment ordinance allows lawmakers to disclose information in the Secretary for Justice's referral to the Secretary General of the Legislative Council, who may then make 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.

Existing regulations

At present, the Chief Executive is already prohibited from offering or accepting bribes under the common law offence of bribery.

Under the 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.