HONG KONG
LEGAL REPORT
Enclosure No. 2
THE PREVENTION OF BRIBERY (AMENDMENT) ORDINANCE 1980
(No. 28 of 1980)
This Ordinance amends the Prevention of Bribery
Ordinance by strengthening the powers of investigation,
increasing penalties for offences under Part II and making
a number of improvements which experience has shown to be
necessary.
2. Section 2 of the Ordinance replaces the former
definitions of "banker's books" and "company books" and
introduces a new definition of "document". The former
definitions did not encompass reports, letters or other
documents which may be used in the ordinary business of a
bank or company.
Experience has shown that this limitation
can impede an investigation being carried out under section
13 of the principal Ordinance. The new definition of "document"
includes microfilms and computer records.
3. Section 3 amends section 4 of the principal Ordinance
by extending the offence of bribery so as to cover cases where
an advantage was solicited or accepted by a public servant
outside Hong Kong. section 3 also amends section 4 by providing
that where a public servant (other than a Crown servant) solicits
or accepts an advantage with the permission of his employer,
neither he nor the offeror commit an offence. A similar amend-
ment is made to section 9 of the principal Ordinance by section 4.