G.F. 323
CONFIDENTIAL # 機密
2
Explanatory Memorandum
Section 12(3) of the Prevention of Bribery
Ordinance, which was added to the Ordinance on 15
February 1974, provides that a court may order a person
convicted of an offence under section 10(1)(b) of the
principal Ordinance to pay to the Crown certain penalties
in addition to any fine or term of imprisonment imposed
for the offence.
2.
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In a recent decision, the Court of Appeal
held that orders made under section 12(3) in respect
of section 10(1)(b) offences arising before 15 February
1974 are invalid, because the language of section 12(3)
does not indicate clearly that it has effect in relation
to earlier offences. This decision has rendered invalid
a considerable number of such orders involving large
sums of money.
3.
The object of this Bill is to amend the
principal Ordinance so as to make clear that the courts
can make orders under section 12(3) in relation to
section 10(1)(b) offences arising before 15 February
1974. The Bill also validates the existing orders
rendered invalid by the decision of the Court of Appeal.
The total sums paid or payable under the
invalid orders amount to approximately $30 million.
To the extent that those orders are rendered valid
4.
by this Bill, there will be a resulting saving to the
general revenue.
CONFIDENTIAL
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