Anti Corruption Law

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Company Law Cons Even though the Hong Kong Bribery Law acts effectively in anti-corruption compared to the mainland bribery law, there are still some loopholes, especially when compared to the UK Bribery Act and the US Foreign Corrupt Practices Act. Similar to the effectives of the Bribery Law, the defects of the HK bribery law also covers equality, enforceability, recourse efficiency and law as a reflection of community standards and expectation four aspects, and each will be discussed with relevant cases. 1. Equality 2.1 Foreign bribes With the prevalence of overseas corruption, most of the countries have set specific regulation against foreign bribes. For example, both the UK Bribery Act and the US Foreign…show more content…
However, under the US bribery law system, there is specific ordinance regulated that the President should publicly disclose personal financial information, including personal gifts over $ 350 which have been received by him and his immediate family. And the public disclosure reports are required each May 15th. It can be seen that Hong Kong is substantially lagging behind on rules about supervising activities of the Chief Executive. What should also be noticed is that this case is still in process since the investigation started in 2012 because of the grey area and loopholes in the Hong Kong Bribery Law. 2. Enforceability When it comes to the enforcement of the Bribery Law, the enforce agent, Independent Commission Against Corruption (ICAC) plays a very important and positive role in the Hong Kong anti bribery history. However, with the recent development, some issues have been raised concerning the effectiveness of ICAC. 3.3 Invading privacy and violating legal professional privilege According to Mr Young, in the case Leung Kwok Hung v. Chief Executive, it was held that the chief executive exercised statutory power to intercept private telecommunications violated the constitutional principle of law certainty and other forms of covert surveillance had no legal basis. Moreover, the Commission of Interception of Communications and Surveillance revealed that in many
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