1
(c) inserting after the definition of "entertainment" the
following-
""investigating officer" means any person authorized
by the Commissioner to exercise the powers of an investigating officer under this Ordinance:".
Section 10 of the principal Ordinance is amended by of section 10 inserting, after subsection (1), the following-..
Amendment
3.
"(2) Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or other- wise on behalf of the accused or acquired such resources of property as a gift from the accused, such resources or prop- erty shall, until the contrary is proved, be presumed to have been in the control of the accused.".
Amendment of section 12.
4.
(a)
Section 12 of the principal Ordinance is amended-
in subsection (1)(a)(i) by deleting "section $ or 6” and substituting "section 5, 6 or 10";
(b) in subsection (2) by adding after "year" the following- *, and shall be ordered to pay to the Crown in such manner as the court directs the amount or value of the advantage received by him or such part thereof as the court may specify":
(c) by adding after subsection (2) the following new sub-
sections
"(3) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under section 10(1)(b) to pay to the Crown-
(a) a sum not exceeding the amount of the
pecuniary resources; or
(b) a sum not exceeding the value of the prop-
erty.
the acquisition of which by him was not explained to the satisfaction of the court
(4) An order under subsection (3) may be enforced in the same manner as a judgment of the Supreme Court in its civil jurisdiction.".
3
5.
(a) in subsection (1) by deleting "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," and substituting the following
Section 13 of the principal Ordinance is amended-
"Where it appears to the Commissioner that an offence under this Ordinance may have been com- mitted by any person, he may for the purposes of an investigation of such offence authorize in writing any investigating officer":
(6) in paragraph (d) of subsection (2) by deleting "police officer or Crown servant" and substituting "investigating officer":
(c) in subsection (3)—–—
(1) by deleting "a police officer or a Crown servant" and substituting "an investigating officer"; and
(ii) by deleting "police officer or Crown servant” and substituting "investigating officer".
G Section 14 of the principal Ordinance is amended-
(a) by deleting "Attorney General" wherever it appears and
substituting in each place the following-
"Commissioner";
(5) by deleting "Director" wherever it appears and substitut-
ing in each place the following-
"investigating officer specified in such notice":
(c) in subsection (4) by deleting "other than the person referred to in paragraphs (2) and (b) of subsection (1),”; and
(d) by adding after subsection (4) the following new sub-
section
"(5) A person who wilfully makes any false statement in answer to a notice under subsection (1) shall be guilty of an offence and shall be liable to a fine of $20,000 and to imprisonment for one year.".
Amendment
of section 13.
Amendment of section 14.