Increase of maximum penalty
In certain
C. A person convicted on indictment of an offance under section 0 or section 4 shall, where the matter or transaction in relation to which the offence was committed was a contract: or a proposal for a contract with His Majesty or any Government Department or any 6 & 7 Geo. V. public body or a nub-contract to execute nay work comprised in such a contract, be liable to imprisonment for a term not exceeding seven cor less than three years: Provided that nothing in this section shall prevent the infliction in addition to imprisonment of such punishment other than imprisonment sa may be inflicted under sub-section (1) or sub-section (2) of section 1.
Saving
Restriction o
J. A person shall not be exempt from punishment under thin 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 prosecurica. ba instituted except by or with the consent of the Attorney General 4 Bl. 7 4.34+ or Solicitor Gevernl
1.2.
Evidence of accomplice.
Special power
of investi gorion.
Presumption
In certain
COREA.
Gay Geo. V, 6.64, 5.2.
*
4
•
Notwithstanding any rule of practice or procedure to the contrary in the event of a person being charged with an offence against section à or auction 4, a judge shall not be required to direct the jury that it is dungerous to convict on the evidence of an accomplice without corroboration in a material particular implicating the accused, but in every such case the jury shall be directed to convict iF they are satisfied beyond reasonable doubt that the evidence of such accomplice is worthy of belief.
10. (1) Notwithstanding anything in any other law contained, the Attorney General if satisfied that there are reasonable grounds for suspecting that an offence against this Ordinance has been committed by any person may in writing specially authorise a police officer not below the rank of Assistant Superintendent of Police to investigate any bank account, share account or purchase account of such person and such authority shall be sufficient warrant for the production of such accounts and documenta as may be required for scrutiny by the officer so authorised.
(2) Any person who fails to disclose auch information to a police officer an authorised shall be guilty of an offence against this Ordinance and shall be liable on simtnicy conviction to imprisonment for a torm not exceeding one year and to a fine not exceeding two thenwand dollars.
11. Where in any proceedings against a person for an offence of corruption under this Ordinance, it is proved that any money, gift, or other counideration has been paid or given to or received by a person it! the employment whether permanent or temporary and whether paid or unpaid of His Majesty or any Glovernment Department or u public body by or from a person, or agent of a person, holding or seeking to obtain a contract from His Majesty or from the Government of Hong Kong or from any Government Department or public body, the money, gift, or consideration shall be deemed to have been paid
or given and received comruptly as such faducement of reward os is mentioned in section 8 or section 4 unless the contrary is proved.
12. It is hereby declared thut in any trial or inquiry by a Special_rula mugistrate or a court in respect of an offence againes this Ordinance of evidence. it may be proved and taken into consideration by such magietrake or court that an accused person-
(4) is in possession or tue disposed of pecuniary resource or property disproportionate to hie known sources of incons for which he cannot satisfactorily secour; or
(b) has at or about the time of an alleged offence obtained Do accretion to his pecuniary crasourdes ar property for which he connot antisimetorily account.
13. Sections 2. 8 and 4 of the Misdemeanors Punishment Or Repal of dinance, 1908, are hereby repealed.
Passed the Legislative Counell of Hong Kong, this 28th day of July, 1948.
Alarhris Tods
Deputy erk of Councila,
J
sections 2, 3 and of Ordinance No. I of
1899.