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14. Clause 10 makes it an offence for a public servant to maintain
a standard of living not commensurate with, or possess property dis-
proportionate to, his official emoluments.
The prosecution will have to
prove that the public servant is or has been maintaining a high
standard of living, or possesses or has possessed property, disproportionate
to his official emoluments, If this is done, the burden will then lie on
the public servant to satisfy the court that he has a satisfactory
explanation as to how he has been able to live beyond his official means or
as to how he came by so much property; if he fails to do so, he would be
convicted of the offence.
15. At present, it is a disciplinary offence, under Establishment
Regulations, for a public officer to live beyond his official means or to
possess property disproportionate to those means without being able to
give a satisfactory account. (E.R. 444). Clause 10 will make this a
criminal offence.
16. Clause 11 emphasises that where a bribe is offered for a
particular purpose, e.g. to induce a public servant to use undue influence
in the promotion of a public contract (see clause 5), then it is immaterial
whether or not that purpose could, in fact, be carried out or, if it could,
whether or not the person to whom the bribe is offered intends to carry
it out in any way,
?
17. Clause 12. Under Cap. 215 the maximum general penalty is a
fine of $5,000 and imprisonment for 2 years on summary conviction or on
conviction on indictment, a fine of $10,000 and imprisonment for 5 years.
Under Clause 12, the maximum general penalty will be a fine of $10,000
and imprisonment for 3 years on summary conviction or, on conviction on
indictment, a fine of $20,000 and imprisonment for 7 years. However, for
offences under clauses 5 and 6 the maximum punishment will be 10 years.
The provisions in Cap. 215 for compelling an accused, convicted of
receiving a bribe, to pay up the same are retained, save that under this
clause the power of the court to order him to do so will be mandatory and
no longer discretionary.
Powers of Investigation (Part III).
18.
It is primarily in relation to the powers of investigation that
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