Penalty for offences.
Special powers of investigation.
(2) If, in any proceedings for an offence under any section In this Part, it is proved that the accused offered any advantage to any other person as an inducement to or reward for or other- wise on account of that other person's doing or forbearing to do, or having done or forborne to do, any act referred to in that section, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or forbear, it shall be no defence that such other person had no such power, right or opportunity.
12. (1) Any person guilty of an offence under this Part other than an offence under section 3, shall be liable-
(a) on conviction on indictment-
(i) for an offence under section 5 or 6, to a fine of one hundred thousand dollars and to imprisonment for ten years, and
(i) for any other offance under this Part, to a fine of one hundred thousand dollars and to imprisonment for seven years; and
(b) on summary conviction, to a fine of fifty thousand dollars
and to imprisonment for three years,
and shall be ordered to pay to such person or public body and in such manner as the court directs, the amount or value of any advantage received by him, or such part thereof as the court may specify.
(2) Any person guilty of an offence under section 3 shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.
PART III
POWERS OF INVESTIGATION,
13. (1) The Attorney General, if satisfied that there are reasonable grounds for suspecting that an offence under this Ordinance has been committed by any person. may, for the purposes of an investigation into such offence, authorize in writing any police officer of or above the rank of senior inspector or any Crown servant specified in such authorization, to exercise the following powers on the production by bim of the authorization-
(a) to investigate and inspect any share account, purchase account, club account, subscription account, investiment account, trust account, mutual or trust fund account, expense account, bank account or other account of what-
1.
9
soever kind or description, any safe-deposit box, and any banker's books or company books, of or relating to any person named or otherwise identified in such authorization;
(b) to require from any person the production of any accounts, books, documents, safe-deposit box or other article of or relating to any person named or otherwise identified in such authorization which may be required for the purpose of such investigation and the disclosure of all or any information relating thereto, and to take copies of such accounts and books or of any relevant entry therein.
(2) (a) Every authorization given under subsection (1) shall be deemed also to authorize the police officer or Crown servant specified therein to require from any person information as to whether or not at any bank, company or other place there is any account, book, document, safe-deposit box or other article liable to investigation, inspection or production under such authorization.
(b) A requirement under paragraph (a) shall be made in writing and any statement therein as to the existence of the appropriate authorization under subsection (1) shall be accepted as true without further proof of the fact.
(3) Any person who, having been lawfully required under this section to disclose any information or to produce any accounts, books, documents, safe-deposit box or other article to a police officer or a Crown servant authorized under subsection (1), shall, notwithstanding the provisions of any other law to the contrary save only the provisions of section 4 of the Inland Revenue Ordinance, comply with such requirement, and any such person who fails or neglects, without reasonable excuse, so to do, and any person who obstructs any such police officer or Crown servant in the execution of the authorization given under subsection (1). shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.
(4) Any person who falsely represents that an appropriate authorization has been given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.
14. (1) In the course of any investigation into, or proceedings relating to, an offence alleged or suspected to have been committed
(Cp 112.)
Power to obtain information.