CAP. 2011
Prevention of Bribery
[1987 Ed.
Custom not to be a defence.
Admissibility of accused's declarations and statements.
Evidence of pecuniary resources or property.
PART IV
EVIDENCE
19. In any proceedings for an offence under this Ordinance, it shall not be a defence to show that any such advantage as is mentioned in this Ordinance is customary in any profession, trade, vocation or calling.
20. In any proceedings against a person for an offence under this Ordinance-
(a) any statutory declaration or statement in writing furnished by him in compliance or purported compliance with the terms of a notice served upon him under section 14(1)(a) or (b) shall be admissible in evidence and, if such person tenders himself as a witness, any such declaration or statement may be used in cross-examination and for the purpose of impeaching his credit;
(b) the fact of his failure in any respect to comply with the terms of a notice served on him under section 14(1)(a) or (b) may be adduced in evidence and made the subject of comment by the court and the prosecution.
21. (1) In any proceedings against a person for an offence under Part II (other than section 10), the fact that the accused was, at or about the date of or at any time since the date of the alleged offence, or is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the date of or at any time since the date of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken by the court-
(a) as corroborating the testimony of any witness giving evidence in such proceedings that the accused accepted or solicited any advantage; and
(b) as showing that such advantage was accepted or solicited as an inducement or reward.
(2) For the purposes of subsection (1) a person accused of an offence under Part II (other than section 10) shall be presumed to be or to have been in possession of pecuniary resources or property, or to have obtained an accretion thereto, where such resources or property are or were held, or such accretion was obtained, by any other person whom, having regard to his relationship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.