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PREVENTION OF BRIBERY BILL
(2) persons who induce or attempt to induce others to withdraw or not make tenders for such contracts (clause 6);
(3) public servants and others who solicit or accept an
advantage for such purposes.
The defence of lawful authority or reasonable, excuse is not
Offences -available under these clauses. Moreover, offences under these clauses will attract greater penalties than other offences under Part II (see clause 12).
11. Clause 7 makes it an offence to induce, or attempt to
, unless there is some lawful authority or reasonable excuse for such conduct.
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, or, in the case of the Government, employed in that section of Government with which he has dealings.
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No prosecution may, however, be instituted for this offence without the personal consent of the Attorney General (which, by reason of the Legal Officers Ordin- ance, includes the Solicitor General) who, before deciding whether or not a prosecution should be instituted, is required to give the person concerned an opportunity of making written representations in the matter to the Attorney General (or, as the case may be, the Solicitor General). Where a prosecution is instituted, the
VI 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 emphasizes 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.