Corrupt transactions
with agents an offence.
5 Ed. 7.34
Penalty for offences.
(2) Every person who shall by himself or by or in conjunction with any other person corruptly give, promise, or offer any gift, loan, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of any member, officer, or servant of any public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body as aforesaid is concerned, shall be guilty of an offence.
4. If-
(i) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do, or for having after the passing of this Ordinance done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs of business;
or
(ii) any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Ordinance done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business;
or
account
(iii) any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal;
he shall be guilty of an offence.
5.
(1) Any person who commits an offence against section 3 of this Ordinance shall—
(a) be liable on summary conviction to imprisonment for a term not exceeding two years and to fine not exceeding five thousand dollars;
(b) be liable on conviction on indictment to imprisonment for a term not exceeding five years and to a fine not exceeding ten thousand dollars;
(c) in addition be liable to be ordered to pay to such body, and in such manner as the magistrate or the court directs, the amount or value of any gift, loan, fee, or reward received by him or any part thereof;
(d) be liable to be adjudged incapable of being elected
or appointed to any public office for seven years from the date of his conviction, and to forfeit any such office held by him at the time of his conviction;
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3
(e) in the event of a second conviction for a like offence
he shall, in addition to the foregoing penalties, be liable to be adjudged to be forever incapable of holding any public office, and to be incapable for seven years of being registered as an elector of members of any public body, and any enactment from time to time in force in the Colony for preventing the voting and registration of persons declared by reason of corrupt practices to be incapable of voting shall apply to a person adjudged in pursuance of this section to be incapable of voting; and
(f) if such person is an officer or servant in the employ of any public body upon such conviction he shall, at the discretion of the magistrate or the court, be liable to forfeit his right and claim to any compensation or pension to which he would otherwise have been entitled.
(2) Any person committing an offence against section 4 of this Ordinance shall be liable-
(a) on summary conviction to imprisonment for a term not exceeding two years and to a fine not exceeding one thousand dollars;
(b) on conviction on indictment to imprisonment not exceeding five years and to a fine not exceeding ten thousand dollars;
(c) if such person is a public servant he shall at the discretion of the magistrate or the court be liable to be adjudged incapable of being elected or appointed to any public office for seven years from the date of his conviction, and to forfeit any such office held by him at the time of his conviction; and
(d) in addition to be ordered to pay to his principal and
in such manner as the magistrate or the court inay direct, any gift
or consideration or any part thereof.
6.
cases.
A person convicted on indictment of an offence under section Increase of 3 or section 4 shall, where the matter or transaction in relation to maximum which the offence was committed was a contract or a proposal for penalty a contract with His Majesty or any Government Department or any in certain public body or a sub-contract to execute any work comprised in such 6 & 7 Geo. V. à contract, be liable to imprisonment for a term not exceeding seven c.64, s.1. nor less than three years: Provided that nothing in this section shall prevent the infliction in addition to imprisonment of such punishment other than imprisonment as may be inflicted under sub-section (1) or sub-section (2) of section 5.
7. A person shall not be exempt from punishinent under this Savings. Ordinance by reason of the invalidity of the appointment or election
of a person to a public office.
8. A prosecution for an offence under this Ordinance shall not Restriction on be instituted except by or with the consent of the Attorney General prosecution. or Solicitor General.
6 Ed. 7 c.34,
5.2.
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