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Addition of new sections 12AA, 12AB and 12AC.
Ord. No. 50/87
PREVENTION OF BRIBERY (AMENDMENT)
4. The principal Ordinance is amended by adding after section 12 the following new sections-
"Confiscation
of assets.
(50 of 1987.)
12AA. (1) Subject to this section, where a person is convicted on indictment of an offence under section 10(1)(b) the court may, in addition to any penalty imposed under section 12(1), order the confiscation of any pecuniary re- sources or property-
(a) found at the trial to be in his control as provided in
section 10; and
(b) of an amount or value not exceeding the amount or value of pecuniary resources or property the acquisi- tion of which by him was not explained to the satisfaction of the court.
(2) Any application for an order under subsection (1) shall be made by the Attorney General within 28 days after the date of the conviction.
(3) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted unless that other person has been given reasonable notice that such an order may be made and has had an opportunity to show cause why it should not be made.
(4) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted if that other person satisfies the court in any proceedings to show cause under subsection (3) that he had-
(a) acted in good faith as regards the circumstances in which the pecuniary resources or property came to be held by him; and
(b) so acted in relation to the pecuniary resources or property that an order in the circumstances would be unjust.
(5) Nothing in subsection (4) shall be construed as limiting the court's discretion to decline to make an order under subsection (1) on grounds other than those specified in subsection (4).
(6) An order under subsection (1)—
(a) may be made subject to such conditions as the court
thinks fit in all the circumstances of the case; and
(b) may be made in respect of an offence under section 10(1)(b) where the facts that gave rise to that offence occurred before the date of commencement of the Prevention of Bribery (Amendment) Ordinance 1987.
(7) A court may make orders under both subsection (1) and section 12(3) in respect of the same offence but shall not make orders under both provisions in respect of the same pecuniary resources or property.
PREVENTION OF BRIBERY (AMENDMENT)
Appeal against confiscation
order.
(Cap. 221.)
Costs in proceedings on confiscation
order.
5.
Ord. No. 50/87
A331
(8) An order under subsection (1) may make provision for taking possession of pecuniary resources or property to which the order applies and for the disposal of such resources or property by or on behalf of the Crown.
12AB. (1) Subject to this section, where an order is made under section 12AA in respect of pecuniary resources or property held by a person other than the person convicted, that other person may, within 28 days after the date of making the order, appeal against the order to the Court of Appeal.
(2) On an appeal under this section the Court of Appeal may-
(a) confirm the order, with or without modification; or (b) quash the order and make such other order (if any)
under section 12AA as it thinks appropriate.
(3) Proceedings under this section shall not operate as a stay of execution of an order unless the court which makes the order or the Court of Appeal otherwise orders and any stay of execution may be subject to such conditions as to costs, the giving of security or otherwise as the court or the Court of Appeal thinks fit.
(4) Subject to this section, an appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by rules made under subsection (5).
(5) The Chief Justice may make rules of procedure for the purposes of this section.
(6) Nothing in this section shall prejudice or affect the right of a convicted person to appeal against his sentence under Part IV of the Criminal Procedure Ordinance.
12AC. (1) The court or the Court of Appeal, as the case may be, may, if it thinks fit, award to any person his reasonable costs in respect of any proceedings before it in relation to
(a) the making of an order under section 12AA; or (b) an appeal under section 12AB,
where such an order is not made or is quashed.
(2) Any costs awarded under subsection (1)—–—
(a) shall, except where the amount is fixed by the court or the Court of Appeal, be ascertained by the Registrar of the Supreme Court; and
(b) shall be paid from general revenue.". Section 13 of the principal Ordinance is amended—
(a) in subsection (1)(b) by deleting "and books or of any relevant
entry therein" and substituting the following
", books or documents or of any relevant entry therein and photographs of any such box (including the contents thereof) or other article"; and
(b) in subsection (2)(a) by deleting "specified therein".
Amendment of section 13.