Application of certain provisions of the
Prevention of Bribery Ordinance (Cap. 201) to the Chief Executive



Date Context Summary of development Action
21.1.02 CA The Panel discussed with the Administration on the application of certain provisions of the Prevention of Bribery Ordinance (Cap. 201) (POBO) to the Chief Executive. [Background brief] [Administration's Paper]
25.1.02 HC The Panel made a report to the House Committee urging the Administration to introduce in the current session a legislative proposal to set out in separate provisions a regulatory framework for application to CE, making reference to that being applied to government officers under POBO. [Report]
2002/2003 to 2003/2004-The Administration did not introduce any legislative proposal in the 2002-03 and 2003-04 session.
21.6.04 CA Some Panel members expressed disappointment at the lack of progress of the matter and agreed that the Panel Chairman should write to the Director of Administration enquiring about the progress. The Administration replied on 5 July 2004 that it was still working on the detailed proposal. [Administration's response]
15.11.04 CA The Administration advised in writing that it would revert to the Panel once it was in a position to do so. [Administration's response]
30.5.05 CA Members agreed to formed a subcommittee under the Panel to monitor and examine the issue of devising an appropriate statutory framework of bribery prevention applicable to CE, including in particular the review of POBO. [Background brief] [Administration's Paper]
29.6.05 SUBC The Subcommittee endorsed the proposed term of reference and discussed the way forward. [Term of reference]
11.7.05 SUBC Members expressed dissatisfaction that the Administration was unable to give a clear policy indication as to whether CE would be subject to the standards of bribery prevention applicable to government officials under POBO, and whether this should be given effect through legislative means. [Paper][Papers]
21.7.05 SUBCThe Administration advised members that it would explain to the Subcommittee in October 2005 the position of the study of whether and how POBO should apply to CE. [Paper] [Paper]
01.11.05 SUBC The Administration explained to Members its proposal to apply sections 4, 5 and 10 of POBO to CE, and introduce a referral provision for the Secretary for Justice to refer bribery-related complaints against CE to LegCo for consideration of invoking the impeachment proceedings under BL73(9). The Subcommittee discussed the impeachment and criminal proceedings against CE. [Paper]

The Subcommittee received views from the Law Society of Hong Kong. [Paper]

The Subcommittee received views from the Hong Kong Bar Association. [Paper]

[Administration's response] [Administration's response]

19.12.05 SUBC The Administration elaborated on the need for the referral provision for the Secretary for Justice to refer bribery-related complaints against CE to LegCo. The Subcommittee completed its work. [Paper]

The Subcommittee considered the Research Report prepared by the Research and Library Services Division [Research Report]

20.2.06 CA The Subcommittee reported its work to the Panel. Members agreed that the Subcommittee should be dissolved. [Report]
20.11.06 CA In the course of discussing the Proposed Guidelines on Election-related Activities in respect of the CE Election, members expressed concern that a bill to subject CE to certain provisions under POBO had not yet been introduced into LegCo. [Paper]
18.12.06 CA The Administration briefed the Panel on the legislative timetable in introducing the bill and the problems in drafting the Bill. The Panel also discussed the impeachment and criminal proceedings. [Background Brief] [Paper]
26.3.07 CA The Panel considered the Information Note on "Criminal Immunity of Head of State/Government and Whether Impeachment Proceedings Precede Criminal Prosecution" prepared by the Research and Library Services Division [Information Note]
5.10.07 HC The Prevention of Bribery (Amendment) Bill 2007 was introduced into LegCo on 6.7.07 and a Bills Committee was formed on 5.10.07. The Bill seeks to extend the applications of certain provisions under POBO to CE. The Bills Committee made a report to the Council on 25.6.08. The Bill was passed on the same date. [Report]

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