Bribery and Corruption Law in Hong Kong - Third Edition

Author(s): Ian Mcwalters SC, David Fitzpatrick, Andrew Bruce SC
Publication Date: 29 July 2015

The third edition provides a continuing update of bribery and corruption law in Hong Kong. 

Publisher: LexisNexis
HK$ 2,200.00
Quantity
In Stock
Published:
ISBN/ISSN: 9789888301294
Publisher: LexisNexis

Product description

The third edition provides a continuing update of bribery and corruption law in Hong Kong. The jurisprudence relating to the common law offence of misconduct in public office continues to grow as the offence is more frequently employed by prosecutors against abuses of their office by public officials not involving bribery. Recent case law which helps to define the parameters of the offence is discussed. In order to make the book a more practical tool for legal professionals, the Prevention of Bribery Ordinance (Cap 201) and the Independent Commission Against Corruption Ordinance (Cap 204) are included.

Featured authors and contributors

Table of contents

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

2 THE ICAC OF THE HONG KONG SAR – PART I:
ESTABLISHMENT AND STRUCTURE
1. Predecessors of the ICAC
2. The Structure of the ICAC
3. The Operations Department: 1974 to the Present Day

3 THE ICAC OF THE HONG KONG SAR – PART II:
JURISDICTION AND OPERATIONS
1. Establishment of the ICAC and Appointment of the Commissioner
2. The Investigative Jurisdiction of the ICAC
3. The Commissioner’s Right to Investigate Non-Corruption Crime
4. The Right of ICAC Officers to Lay Informations for Non-Corruption Offences
5. Offences Impeding the Work of the ICAC

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

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

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

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 ...