"C"-Contd.
Possession of unexplained property.
Giver and acceptor of bribe to be guilty not- withstanding that purpose not carried out, etc.
Penalty for offences.
(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.
(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 erroneous or defective in any material
particular; and
(c) which to his knowledge is intended to mislead the principal,
shall be guilty of an offence.
(4) For the purposes of subsections (1) and (2), the permission of a principal to the soliciting or accepting of any advantage by his agent shall, without prejudice to the generality of the defence of lawful authority or reasonable excuse, constitute a reasonable excuse.
10. (1) Any person who, being or having been a Crown servant-
(a) maintains a standard of living above that which is commensurate with his present or
past official emoluments; or
(b) is in control of pecuniary resources or property disproportionate to his present or
past official emoluments,
shall, unless he gives a satisfactory explanation to the court as to how he was 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) In this section, "official emoluments" includes a pension or gratuity payable under the Pensions Ordinance.
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 other- wise 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. (1) Any person guilty of an offence under this Part, other than an offence under section 3, shall be liable-
(a) on conviction on indictment—
(i) for an offence under section 5 or 6, to a fine of one hundred thousand dollars and to imprisonment for ten years, and
64