1948-HKRS29-8-15_Part03 — Page 16

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Ordinance No. 3 of

Салгирани

in office an offence.

c. fg, K. K.

**public office" means any office or employment permanent or temporary and whether paid or unpaid of a persću aš a member, officer, or servant of such public body;

+

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"public servant" means in addition to the meaning assigned to it by the Interpretation Ordinance, 1911, any employee or member of a public body as defined in this Ordinance, whether temporary or permanent and whether paid or unpaid.

*. (1) Every person who shall by linealf or by or in conjunc- tion with any other paraon, corruptly solicit of receive, or agree to 12 * 53 Vice receive for himself, or for any other person, any gift, loss, fee, reward, or advantage whatever as an inducernent to, or reward for, or otherwise on account of any member, offer, or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, "actual or proposed, in which the salt publis body is concerned, shall be guilty of an offenco/Ns/

Corrupt

transactionE

with agents an

fence.

6 BL. 70-34.

[1] (2) Every person who shall by himself or by or in conjunction

with any other person corruptly give, promise, or offer any gift, loon, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, sa 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 auch public body es aforesaid is concerned, shall be guilty of an offence.

4. I

(0) 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 is 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'à affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's allaire of business ;

or

(4) any person corruptly gives or agrees to give or offers any gift or consideration to any agent us an inducement or reward for doing or forbearing to do, or for having after the passing of this Ordiaunce done or forborna to do, any web in relation to bis 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;

OF

(i) any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account 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;

be shall be guilty of an offence,

5. (1) Any person who commits an offence ugainst section $ Penalty for 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;

() be liable on conviction on indictaneat to imprisonneut for a term not exceeding five years and to a fine not exceeding ten thousand dollars;

(e) in addition be liable to be ordered to pay to such body, and in such manner as the magistrate of the court directe, the amount or value of any gift, loun, fee, or reword received by him or any part thereof;

(d) be liable to ba 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;

(e) in the event of a second conviction for a lika offenes be alull, 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 yours 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 declured 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

() 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.

(3) Any person committing an offence against section 4 of thie 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 oxceeding five years and lo u fine not exceeding ten thousand dollars;

(c) if such person is a public servant he shall of 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 yeurs from the date of his conviction, and to forteît 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 may direct, any gift or consideration or any part thereof.

adfences.