1948-HKRS29-8-15_Part03 — Page 17

Increase of maximum panoley

In cermin

C. A person convicted on indictment of an offence under section 1 or section 4 shull, where the matter or. truzinaction in relatioa to which the offence was committed was a contract:or a proposal for contract with His Majesty or by Government Department or any 6 & 7 Geo. V. public body or a nub-contract to execute may work compriasd in such a contract, be liable to imprisonment for a term not exceeding seven Dor less than three years: Provided that nothing in this section shall prevent the indiation in addition to imprisonment of such punishment other than imprisonment sa may be inflicted under sub-section (1) or sub-section (3) of section 15.

Saying

Restriction a prosecucina.

7. 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.

$. A prosecution for an offence under this Ordinance shall not ba instituted except by or with the consent of the Attorney Generul & Ed. 7 €34+ or Solicitor General.

1.2.

Evidence of accomplice.

Special powers

of investi gocion.

I'resumption

*

8. Notwithstanding any role of practice or procedure to the contrary in the event of a person being charged with an offence against section 9 or section 4. a judge shall not be required to direct the jury that it is dangerous to conviet on the evidence of an accomplice without corroboration in a material particular implicating the accused, but in every such case the jury still 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 Buch person and such authority shall be sufficient warrant for the production of such accounts and documents 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 summary conviction to imprisonment for a torm not exceeding one year and to a fine not exceeding two thorsand dollars.

11. Where in any proceedings aguinat a person for an offence of corruption under this Ordinance, "it is proved that any money, gift, or other In certain

consideration has been paid or given to or received by a person it!

COLES.

6 & 7 Geo. v, the employment whether permanent or temporary and whether paid 5.64, 5.2. or unpaid of lis Majesty or any Government Department or

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 corruptly as such faducement or reward na is mentioned in section 8 or section 4 unless the contrary is proved.

12. It is hereby declared that in any trial or inquiry by a Special rules mugistrate or a court in respect of an offense agains this Ordinance of critmu. it may be proved and taken into consideration by such magistrate or court that an accused person-

(4) is in possession or hue disposed of pecumiary resources or property disproportionate to his known sources of incons for which he cannot satisfactorily accout; er

(b) has at or about the line of an alleged offence obtained vo occretion to his pecuniary vasources or property for which he cannot antisfwtorily account.

13. Sections 2. & sod 4 of the Misdemeanora Punishment Or Repeal of dinance, 1998, are hereby repealed.

Passed the Legislative Council of Hong Kong, this 38th day of July, 1948.

Alastair To-dat

Deputy ferk of Councila,

machop: 2. 3 and 4 at Ondialance No. G

1898.