Authors: Ian McWalters SC, Andrew Bruce SC
The fifth edition of the detailed and expansive guide, Bribery and Corruption, provides a continuing update on the latest developments of bribery and corruption law in Hong Kong. Although Hong Kong consistently ranks as one of the least corrupt cities in the world, 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 servants not involving bribery. Recent legislative developments and case law that further define the parameters of the offence are discussed. Furthermore, as a practical tool for legal professionals, the Prevention of Bribery Ordinance (Cap 201) and the Independent Commission Against Corruption Ordinance (Cap 204) are included.
Publication Date: December 2023
What’s New in this Edition:
The key highlights of this Fifth Edition concern developments in the law relating to the common law crime of misconduct in public office. In particular, the recent advent of the National Security Law has yet to make any direct impact on the administration of the law relating to the prevention of bribery and corruption. However, it is far from inconceivable that this will remain. Given we have already seen officials at the highest level of the administration of our Special Administrative Region being prosecuted for corruption-related charges, what is contemplated is that it might be in the future that corruption of such officials might involve an impact to the endangerment of the national security of the People's Republic of China.
There is also commentary from the New South Wales Court of Criminal Appeal, which further defines the parameters and elaborates the significance of proving the purpose of corruption when establishing the offence. Further commentary on the developments of justices of the Court of First Instance and District Court are also discussed in this edition.
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