34
CAP. 201]
Prevention of Bribery
[1987 Ed.
Consent of Attorney General required for prosecution of offences under Part II.
(Cap. 87.)
(Cap. 1.)
Time limit for prosecution of offences. (Cap. 227.)
(28 of 1980.)
an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an informer or a person who has assisted the Commissioner, the court may permit inquiry and require full disclosure concerning the informer or such person.
(Added, 28 of 1980, s. 13)
31. (1) No prosecution for an offence under Part II shall be instituted except with the consent of the Attorney General.
(2) Notwithstanding subsection (1) of this section a person may be charged with an offence under Part II and may be arrested therefor, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no such person shall be remanded in custody or on bail for longer than 3 days on such charge unless in the meantime the consent of the Attorney General aforesaid has been obtained. (Amended, 56 of 1973, s. 4)
(3) When a person is brought before a magistrate before the Attorney General has consented to the prosecution, the charge shall be explained to the person accused but he shall not be called upon to plead and the provision of the law for the time being in force relating to criminal procedure shall be modified accordingly.
(4) Neither section 7 of the Legal Officers Ordinance nor section 43 of the Interpretation and General Clauses Ordinance shall apply to or in respect of the giving by the Attorney General of his consent to the institution of a prosecution for an offence against section 10. (Added, 56 of 1973, s. 4)
31A. (1) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 3, 14(5), 14A(5), 14C(6) or 33A within 2 years from the time when the matter of such complaint or information respectively arose.
(2) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 13(3), 13(4), 29 or 30(1) within 1 year from the time when the matter of such complaint or information respectively arose.
(3) Where a person has, before the commencement of the Prevention of Bribery (Amendment) Ordinance 1980, committed an offence under section 3, 13(3), 13(4), 14(5), 14A(5), 14C(6), 29 or 30(1) and, but for this section, would not be liable to be prosecuted for that offence by virtue of section 26 of the Magistrates Ordinance, he shall, notwithstanding this section, not be liable to be prosecuted for that offence.
(Added, 28 of 1980, s. 14)
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