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Ord. No. 28/80
PREVENTION OF BRIBERY (AMENDMENT)
HONG KONG
No. 28 OF 1980
I assent.
Short title.
L.S.
MURRAY MACLEHOSE,
Governor.
26 June 1980.
An Ordinance to amend the Prevention of Bribery Ordinance.
[27 June 1980]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Prevention of Bribery (Amendment) Ordinance 1980.
Amendment of section 2.
2.
(Cap. 201.)
Section 2(1) of the principal Ordinance is amended—
(a) by deleting the definition of "banker's books" and substituting
the following-
""banker's books" means—
(a) any ledger, ledger card, statement of account, day book, cash book, account book or other book or document whatsoever;
(b) any cheque, voucher, record card, report, letter
or other document whatsoever; and
(c) any copy of anything referred to in paragraph (a)
or (b),
used in the ordinary business of a bank;"
(b) in the definition of "company books" by deleting "or other book"
and substituting the following-
", report, letter or other book or document"; and
(c) by inserting after the definition of "Crown servant" the following
definition-
Amendment of
3.
section 4.
66
"document" includes any register, book, record, tape-recording, any form of computer input or output, and any other material (whether produced mechanically, electrically, or manually or by any other means whatsoever);".
Section 4 of the principal Ordinance is amended—
(a) in subsection (1) by inserting after "Any person who" the
following-
", whether in Hong Kong or elsewhere";
(b) in subsection (2) by inserting after "Any public servant who"
the following-
>
whether in Hong Kong or elsewhere"; and
(c) by inserting after subsection (2) the following—
"(3) If a public servant other than a Crown servant solicits or accepts an advantage with the permission of the
4.
PREVENTION OF BRIBERY (AMENDMENT)
Ord. No. 28/80
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public body of which he is an employee being permission which complies with subsection (4), neither he nor the person who offered the advantage shall be guilty of an offence under this section.
(4) For the purposes of subsection (3) permission shall be in writing and-
(a) be given before the advantage is offered, solicited
or accepted; or
(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance,
and for such permission to be effective for the purposes of subsection (3), the public body shall, before giving such permission, have regard to the circumstances in which it is sought.".
Section 9 of the principal Ordinance is amended by deleting Amendment of subsection (4) and substituting the following—-
"(4) If an agent solicits or accepts an advantage with the permis- sion of his principal, being permission which complies with subsection (5), neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2).
(5) For the purposes of subsection (4) permission shall- (a) be given before the advantage is offered, solicited or accepted;
or
(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance,
and for such permission to be effective for the purposes of subsec- tion (4), the principal shall, before giving such permission, have regard to the circumstances in which it is sought.”.
5.
Section 12 of the principal Ordinance is amended—
(a) in subsection (1)(a) by deleting "$100,000" in both places where
it occurs and substituting the following—
"$500,000";
(b) in subsection (1)(b) by deleting "$50,000" and substituting the
following-
"$100,000"; and
(c) in subsection (2) by deleting "$20,000" and substituting the
following-
6.
"$100,000".
section 9.
Amendment of
section 12.
new section 12A.
The principal Ordinance is amended in Part II by adding after Addition of section 12 the following-
"Conspiracy.
12A. (1) Any person convicted of conspiracy to com- mit an offence under this Part shall be dealt with and punished in like manner as if convicted of such offence and any rules of evidence which apply with respect to the proof of any such offence shall apply in like manner to the proof of conspiracy to commit such offence.