ན ད སྙན དེ མ
24
Explanatory Memorandum
Clause 2, amending section 2, amends the
definition of "public servant" in order to clarify who are public servants in the case of members of officers of a club, association or educational institution
which is a public body.
2.
Clause 3 amends section 4(3) of the Ordinance
so as to enable a member of a public body, as well as an employee of the body, to accept an advantage with the permission of the body.
3. Clause 4 amends section 12 of the Ordinance
in order to prevent a Crown servant or former Crown servant, from retaining property obtained through his corruption. Section 12(3) of the Ordinance provides that a Crown servant convicted of an offence of being in control of pecuniary resources or property dispropor tionate to his emoluments may, in addition to imprisonment and a fine, be ordered to pay a sum not exceeding the amount or value of pecuniary resources or property acquired by him in circumstances not explained to the satisfaction of the court. This provision has been found to be of limited value, since it does not provide for confiscation of particular property in the control of the convicted person, particularly where such property is held by another on his behalf. Accordingly new
}
subsections (3A) and (3B) provide for the making of an order for confiscation of property or pecuniary resources
+