E76
Possession of unexplained property.
Giver and acceptor of bribe to be
guilty notwith-
standing that
purpose not
carried out, etc.
Penalty for offence.
PREVENTION OF BRIBERY BILL
10. Any public servant who is or has been—
(a) maintaining a standard of living above that which is
commensurate with his official emoluments; or
(b) in control of pecuniary resources or property dispropor-
tionate to his official emoluments,
shall, unless he gives a satisfactory explanation as to how he is or has been able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence.
11. (1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defence that—
(a) he did not actually have the power, right or opportunity
so to do or forbear;
(b) he accepted the advantage without intending so to do
or forbear; or
(c) he did not in fact so do or forbear.
(2) If, in any proceedings for an offence under any section in this Part, it is proved that the accused offered any advantage to any other person as an inducement to or reward for or otherwise on account of that other person's doing or forbearing to do, or having done or forborne to do, any act referred to in that section, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or forbear, it shall be no defence that such other person had no such power, right or opportunity.
12. Any person guilty of an offence under this Part shall be liable-
(a) on conviction on indictment-
(i) for an offence under section 5 or 6, to a fine of twenty thousand dollars and to imprisonment for ten years, and
(ii) for any other offence under this Part, to a fine of twenty thousand dollars and to imprisonment for seven years; and
(b) on summary conviction, to a fine of ten thousand dollars
and to imprisonment for three years,