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Ord. No. 28/80
Addition of
new section
30A.
Addition of
new section 31A.
PREVENTION OF BRIBERY (AMENDMENT)
(b) by inserting after subsection (1) the following--
"(1A) A person may not be detained under subsection (1) for more than 3 hours after the investigating officer first entered unless, in the meantime, the person so detained is arrested."; and
(c) in subsection (3) by deleting "powers of entry and search" and
substituting the following-
"powers of entry, search and detention”.
13. The principal Ordinance is amended by adding after section 30 the following-
**Protection
of informers.
30A. (1) Save as provided in subsection (2)—
(a) no information for an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceeding; and
(b) no witness in any civil or criminal proceeding shall
be obliged--
(i) to disclose the name or address of any informer who has given information to the Com- missioner with respect to an offence under this Ordinance or of any person who has assisted the Commissioner in any way with respect to such an offence; or
(ii) to answer any question if the answer thereto would lead, or would tend to lead, to discovery of the name or address of such informer or person,
if, in either case, such informer or person is not himself a witness in such proceeding,
and, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain an entry in which any such informer or person is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery.
(2) If in any proceeding before a court for an offence under this Ordinance the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an informer or a person who has assisted the Commissioner, the court may permit inquiry and require full disclosure concerning the informer or such person.".
14. The principal Ordinance is amended by adding after section 31 the following—
"Time limit for prosecution of offences. (Cap. 227.)
31A. (1) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 3, 14(5), 14A(5), 14C(6) or 33A within 2 years from the time when the matter of such complaint or information respectively arose.
(2) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information
PREVENTION OF BRIBERY (AMENDMENT)
Ord. No. 28/80
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laid in respect of an offence under section 13(3), 13(4), 29 or 30(1) within 1 year from the time when the matter of such complaint or information respectively arose.
(3) Where a person has, before the commencement of the Prevention of Bribery (Amendment) Ordinance 1980, committed an offence under section 3, 13(3), 13(4), 14(5), 14A(5), 14C(6), 29 or 30(1) and, but for this section, would not be liable to be prosecuted for that offence by virtue of section 26 of the Magistrates Ordinance, he shall, not- withstanding this section, not be liable to be prosecuted for that offence.".
15. Section 33(b) of the principal Ordinance is amended by inserting Amendment of after "public body" the following-
other than a public body specified in the Schedule".
section 33.
16. The principal Ordinance is amended by inserting after section 33 Addition of the following- "Power of court
to prohibit employment
of convicted person.
33A. (1) Where a person has been convicted of an offence under Part II, a court may, on the application of the prosecution or on its own motion, where it considers it to be in the public interest so to do, order that the convicted person be prohibited from taking or continuing employment, whether temporary or permanent and whether paid or unpaid-
(a) in the case where the convicted person was em- ployed by a corporation or a public body at the time of or prior to his conviction, as a director or manager or in such other capacity concerned with, whether directly or indirectly, the management of that corporation or any public body or any corpora- tion that is a subsidiary of that corporation or any public body within the meaning of section 2 of the Companies Ordinance; or
(b) in the case where the convicted person was practis- ing any profession or was otherwise self-employed at the time of or prior to his conviction, in the practice of his profession or in the business, or class of business, in which he was so employed, as the case may be;
(c) in other cases, as a partner or as a manager of or in such other capacity concerned with, whether directly or indirectly, the management of such partnership, firm or person or such class of partner- ship, firm or person; and
(d) for such period not exceeding 7 years,
as the court may determine.
(2) A person in respect of whom an order under sub- section (1) has been made may at any time during the con- tinuance in force of the order apply to the court for the order to be varied or cancelled.
(3) On an application under subsection (2) the court shall consider all the circumstances including any changes in the applicant's circumstances since the making of the order and whether it would be in the public interest for the order to be varied or cancelled.
new section 33A.