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HONG KONG LEGISLATIVE COUNCIL-21st October 1970.
Prevention of Bribery Bill-second reading
[Explanatory Memorandum]
8. Clause 4 deals with the person who, without any lawful authority or reasonable excuse, offers (which includes gives, by clause 2(2)(a)) any advantage to a public servant to induce him. to abuse his official position, or as a reward for his having abused his official position, in any of the ways indicated in the clause; and with the public servant who, without any lawful authority or reasonable excuse, solicits or accepts any advantage as such an inducement or reward.
9. No attempt has been made to define "lawful authority or reasonable excuse" since this must depend on the particular facts and circumstances of each case. It will be for the courts to decide whether, in the circumstances of each case, this defence has been established; the phrase is to be found in other legislation.
10. Clauses 5 and 6 deal with-
(1) persons who induce or attempt to induce public servants to use undue influence in the promotion, execution or procuring of public contracts and allied subcontracts (clause 5);
(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.
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 induce, others not to make bids at auctions conducted by or on behalf of any public body, and to solicit or accept any advantage for this purpose, unless there is some lawful authority or reasonable excuse for such conduct.
12. Clause 8 makes it an offence for a person, who has dealings with a public body, to offer or give any advantage to a public servant employed by that public body, or, in the case of the Government, employed in that section of Government with which he has dealings.
13. Clause 9 prohibits dishonest transactions by and with agents, and is similar to section 4 of Cap. 215.