A112
Ord. No. 28/80
Amendment of
7.
section 14.
PREVENTION OF BRIBERY (AMENDMENT)
(2) The powers of investigation conferred by Part III of this Ordinance shall apply with respect to a conspiracy to commit an offence under this Ordinance in like manner as they apply to the investigation of any such offence.".
Section 14(1) of the principal Ordinance is amended- (a) in paragraph (a)—
(i) in sub-paragraph (i) by deleting "the year" wherever it occurs and substituting in each place the following--
"the 3 years";
(ii) in sub-paragraph (ii) by deleting "1 year" and substituting the following-
"3 years"; and
(iii) in sub-paragraph (iii) by deleting "1 year" and substituting the following-
(b) in paragraph (d)—
"3 years";
(i) by inserting after "all information in his possession" the following-
"or to which he may reasonably have access (not being information readily available to the public)"; and
(ii) by inserting after "any document in his possession or under his control" the following-
"or to which he may reasonably have access (not being a document readily available to the public)"; and
(c) in paragraph (e) by inserting after "any document which is in his
possession or under his control" the following--
Amendment of section 14A.
8.
"or to which he may reasonably have access (not being a document readily available to the public)".
Section 14A of the principal Ordinance is amended- (a) by inserting after subsection (1) the following-
"(1A) Where any property specified in a notice under subsection (1) includes any debt or obligation due by a bank or deposit-taking company to the person to whom the notice is given the Commissioner may serve on such bank or deposit- taking company a copy of that notice, which copy notice shall have the effect of directing the bank or deposit-taking company not to pay any money to the person specified in the copy notice without the consent of the Commissioner."; (b) by inserting after subsection (2) the following-
(Cap.128.)
"(2A) Where any property specified in a notice under subsection (1) is immovable property, such notice shall be deemed to be an instrument affecting immovable property and shall be registrable as such in the Land Office under the Land Registration Ordinance in such manner as the Land Officer thinks fit."; and
(c) in subsection (5) by inserting after "subsection (1)" the
following
"or a bank or deposit-taking company which pays any money to a person specified in a copy of a notice served on it under subsection (1A)”.
9.
PREVENTION OF BRIBERY (AMENDMENT)
Ord. No. 28/80
A113
Section 14B of the principal Ordinance is amended by inserting Amendment of after subsection (3) the following-
"(3A) Where the Commissioner has refused to give his consent under section 14A to a person the subject of a notice under subsection (1) of that section and as a result of that refusal the person is, before the determination of any application under this section against that refusal, unable to meet any contractual liability incurred before the notice was served on him, that person shall, if he is not charged with an offence arising out of the investigation or, having been so charged, is acquitted, be entitled to compensation for any loss sustained by him as a consequence of being unable to meet the contractual liability. (3B) Any compensation under subsection (3A) shall be paid from the general revenue.".
10. Section 14C of the principal Ordinance is amended—
by inserting after subsection (3) the following—
(a)
(Cap. 128.)
“(3A) Where any property specified in a restraining order is immovable property, such order shall be deemed to be an instrument affecting land and shall be registrable as such in the Land Office under the Land Registration Ordinance in such manner as the Land Officer thinks fit."; and
(b) in subsection (4) by deleting "for a further period of 3 months"
and substituting the following-
"for periods of 3 months at a time”.
11. Section 16 of the principal Ordinance is amended-
(a) in subsection (1)—
(i) by deleting the full stop at the end of paragraph (b) and substituting a semicolon; and
(ii) by inserting after paragraph (b) the following—
"(c) may, subject to subsection (1A), detain any person found in any office, registry or other room which he is em- powered by paragraph (b) to search until such office, registry or other room has been searched.";
(b) by inserting after subsection (1) the following-
(c)
"(1A) A person may not be detained under subsection (1)(c) for more than 3 hours after the investigating officer first entered unless, in the meantime, the person so detained is arrested."; and
in subsection (2)(b) by inserting after "subsection (1)(b)" the following-
"or in the exercise of the power to detain conferred by subsection (1)(c)”.
12. Section 17 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "search the same" the
following-
"and to detain, subject to subsection (1A), any person found in any such premises or place until such premises or place have or has been searched";
section 14B.
Amendment of section 14C.
Amendment of section 16.
Amendment of section 17.