Possession of unexplained property.

(Cap. 87.)

(Cap. 1.)

8

(2) Any person who, without lawful authority or reasonable excuse, offers any advantage to any agent as an inducement to or reward for or otherwise on account of the agent's-

(a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or

(b) showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal's affairs or business,

shall be guilty of an offence.

(3) Any agent who, with intent to deceive his principal, uses any receipt, account or other document-

(a) in respect of which the principal is interested; and

(b) which contains any statement which is false or errone-

ous or defective in any material particular; and

(c) which to his knowledge is intended to mislead the

principal,

shall be guilty of an offence.

10. (1) 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 to the court 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.

(2) No prosecution for an offence under subsection (1) shall be instituted without the consent in writing of the Attorney General, who shall, before consenting to the institution of a prosecution against a person for such an offence, inform that person that a prosecution against him for such an offence is under consideration and give him an opportunity of making rep- resentations in writing to the Attorney General.

(3) Neither section 7 of the Legal Officers Ordinance nor section 43 of the Interpretation and General Clauses Ordinance shall apply to or in respect of this section.

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