Unlike other crimes, corruption always entails a satisfied relationship between two parties and thus is extremely difficult to investigate and prove in court. It is the public that is the victim. Sets the parameters of ICAC investigations, procedures for handling suspects and the disposal of property connected with offences. Gives the ICAC the powers of arrest, detention and granting bail, which are fundamental to any law enforcement agency. Confers on the ICAC the powers of search and seizure that are consistent with the powers of arrest and detention. Permits the ICAC to take a non-intimate sample from a person for forensic analysis.
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Oxford University Press is a department of the University of Oxford. This article is also available for rental through DeepDyve. Any agent who, with intent to deceive his principal, uses any receipt, account or other document —. Hong Kong Ordinances If icaf public servant other than a prescribed officer solicits or accepts an advantage with the permission of the public body of which he is an employee being permission which complies with subsection 4neither he nor the person who offered the advantage shall be guilty of an offence under this section.
We argue for the ordnance of foreign bribery and limited extraterritorial application of the POBO within the greater China area. Placing Vicarious Liability in Comparative Perspective. Section 9 Corrupt transactions with agents 1.
Any public servant who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his. Lessons from Delaware Corporate Law.
To purchase short term access, please sign in to your Oxford Academic account above. If an agent solicits or accepts an advantage with the permission of his principal, being permission which complies with jcac 5neither he nor the person who offered the advantage shall be guilty of an offence under subsection 1 or 2. However, as this website contains archive materials PDF files that are not frequently used, not all level accessibility features have been incorporated.
In this article, we look at the ways in which the ICAC—technically a Chinese agency albeit operating in a legally independent jurisdiction —can help to reduce and prevent corruption in Mainland China.
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You could not be signed in. Ordinnance agent who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his — a.
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Dujinn Any agent who, with intent to deceive his principal, uses any receipt, account or other document —. Most users should sign in with their email address. Copyright Disclaimer Plug-in Download. Placing Vicarious Liability in Comparative Perspective. Receive exclusive offers and updates from Oxford Academic.