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					  The Commonwealth Secretariat & Chatham House
          Anti-Corruption Conference -



The United Nations Convention Against Corruption
        Implementation & Enforcement :
             Meeting the Challenges



                      London
                24 to 25 April 2006
        Prosecuting Corruption Cases

writer: Mr Ian McWalters, Senior Counsel
        Senior Assistant Director of Public Prosecutions
        The Hong Kong Special Administrative Region
        of the People’s Republic of China

speaker: Mr Stanley Chan
         Senior Assistant Director of Public Prosecutions
 Presentation is comprised of two parts :-


(1)   Creating convention crimes

(2)   Prosecuting convention crimes



[Note: please refer to Mr McWalter’s paper on the
       part of Investigating Convention Crimes
       at pp.22-32]
Introduction


The United Nations Convention Against Corruption
(the UNCAC)


The Anti-Corruption Strategy:

- criminalisation of corrupt conduct

- successful prosecution of the corrupt
Two ways to tackle corruption:

1.   measures to prevent it occurring

2.   measures to effectively combat corruption
Part I

Creating An Effective Range of Convention crimes


- The Elements of the UNCAC Bribery Offences

  (i)    The parties to the bribery offences

  (ii) Separate offences for each form of bribery

  (iii) The acts of offering, soliciting and accepting
(iv) The undue advantage

(v) Describing the corrupt purpose

(vi) Proving the corrupt purpose
Abuse of Functions:

Article 19 of the UNCAC
Illicit Enrichment:

Article 20 of the UNCAC

  -   The operation of the offence

  -   s.10 of the Prevention of Bribery Ordinance
      Cap. 201, Laws of Hong Kong
Defences to Bribery and Economic Crime Offences

- Defences to bribery offences

- Economic crime offences
Summation on the part of creation of
Convention Crimes

(1)   Forms of corrupt conduct

(2)   Extraterritorially

(3)   Criminal liability of intermediaries

(4)   Separate offences of offering, soliciting
      and accepting
(5)   Broad definition of bribery offence

(6)   Avoid requiring proof of a corrupt state of
      mind

(7)   Elements of the corrupt act

(8)   Inferences
(9)   Test for determining exercise of official duties

(10) Corrupt act to be non-specific

(11) Defences not to undermine the purpose

(12) Non-bribery forms of corrupt conduct

(13) Offences of continuing fraud/organized crime
Part II

Prosecuting Convention Crimes


- Involvement in the investigation prior to charge
Issues concerning witnesses

  -   Concealing a witness’ identity

  -   Use of accomplice witnesses
Procedural and evidential matters relating to the
trial process
Conclusion

Ultimately it matters not how comprehensive
a network of laws a country puts in place,
there has to be the political will to confront
corruption, to understand its causes, and to
take vigorous measures to overcome it.
Thank You

				
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