(b)
PREVENTION OF BRIBERY (AMENDMENT) BILL
any other proceedings, is of opinion that justice cannot be lly done without the disclosure of the identity of an informer.
11. Clause 12 extends the time limit for bringing prosecutions for summary offences under the principal Ordinance. However, where a person has committed a summary offence under the Ordinance and is now immune from prosecution under section 26 of the Magistrates Ordin- ance, because he was not prosecuted within 6 months of the commission of the offence, he shall not be liable to be prosecuted for that offence by virtue of the new time limit being introduced.
12. Section 33 of the principal Ordinance provides that a person convicted of an offence under Part II shall be disqualified for a period of 7 years from being a member of a public body specified in the Schedule. The majority of the bodies listed in the Schedule are corpora- tions and, in that context, membership means owning shares. Since this was not the intention when the Ordinance was enacted, clause 13 amends section 33 by removing the disqualification in respect of membership of public bodies listed in the Schedule. However, the disqualification will continue to apply in respect of membership of the Executive, Legislative and Urban Councils and other public bodies.
13. Clause 14 adds a new section 33A, to the principal_Ordinance which will empower a court to prohibit the employment of a person convicted of an offence under Part II. The court will only be able to impose such a prohibition if it considers it to be in the public interest to do so.
The terms of the prohibition, which cannot exceed 7 years, will be left to the discretion of the court, which can prohibit employment in respect either of a particular business or of a class of business and can also prohibit employment as a director, partner, manager or similar capacity. Where an order has been made, the person to whom the order applies can apply to the court to have it varied or cancelled. On such an application, to which the Attorney General will be a party, the court will consider all the circumstances, including any change in the circumstances of the applicant and whether it would be in the public interest for the order to be varied or cancelled. Contravention of an order will be an offence, punishable by a fine of up to $50,000 and imprisonment for up to 12 months.
14. Clause 15 amends the Schedule to the principal Ordinance by
removing the reference to Commercial Television Limited.
15. The Bill has no financial or staffing implications.
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一九八○年防止賄賂(修訂)法案
摘要說明
本法案修訂防止賄賂條例,以加強調查之權力及加重第二部所指罪名之 刑罰,並根據經驗所需作多項修訂。
二、 法案第二條以新定義取代「銀行賬簿」及「公司賬簿」两詞之現有定義, 並新增「文件」一詞之定義。此乃由於現有定義不包括銀行或公司在日常業務上可能 使用之報告、函件或其他文件。根據經驗,此項限制對依照原有條例第十三條展開 之調查可能有所妨碍。新增「文件」一詞之定義,包括縮微影片及電腦紀錄在內。
法案第三條修訂原有條例第四條,將賄賂罪之範圍擴大,使包括公共機 構僱員在香港以外地方索取或收受利益之情形在內。法案第三條並修訂條例第四
三、