The third edition provides a continuing update of Bribery and Corruption Law in Hong Kong. Continuing developments in human rights law have continued to be felt in all areas, including the construction of offences which may contain reverse onus provisions, the constitutionality of compulsive powers of investigation and the direct and derivative use that may be made of information obtained from them, the time limit on the execution of search warrants and the right of executing law enforcement agencies to provide copies of materials seized under them to third parties and the ambit of legal advice privilege.
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.
Table of contents
1 The Historical Development of Hong Kong's Anti-Corruption Law
2 The ICAC of the Hong Kong SAR - Part I: Establishment and Structure
3 The ICAC of the Hong Kong SAR - Part II: Jurisdiction and Operations
4 Powers of Arrest and Detention
5 Part I of the Prevention of Bribery Ordinance
6 The Mens Rea of Part II Offences
7 Sections 3 and 8, Prevention of Bribery Ordinance: The Offer and Acceptance of Advantages without a Corrupt Purpose
8 Sections 4 and 7, Prevention of Bribery Ordinance: Corruption Involving Public Bodies
9 Section 9, Prevention of Bribery Ordinance: Corrupt Transactions with Agents
10 Section 10, Prevention of Bribery Ordinance: Explaining Undue Wealth
11 Sentencing for Corruption Offences
12 Powers of Investigation
13 Prosecuting Offences under the Prevention of Bribery Ordinance
14 The Common Law Offence of Misconduct in Public Office