1970-HKRS29-8-37_Part06 — Page 27

Bribery of public servants by persons having deal- ings with public bodies.

Corrupt transaction. with agents.

or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.

8. (1) Any person who, without lawful authority or reason. able excuse, while having dealings of any kind with the Govern- ment through any department, office or establishment of the Government, offers any advantage to any Crown servant employed in that department, office or establishment of the Government, shall be guilty of an offence.

(2) Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence.

9. (1) Any agent who, without lawful authority or reason- able excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his-

(a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or

(b) showing or forbearing to show, or baving shown or forbome to show, favour or disfavour to any person

in relation to his principal's affairs or business,

shall be guilty of an offence.

(2) Any person who, without lawful authority or reasonable cxcuse, offers any advantage to any agent as an inducement to or reward for or otherwise on account of the agent's-

(a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or

(b) showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal's affairs or business,

shall be guilty of an offence.

(3) Any agent who, with intent to deceive his principal, uses any receipt, account or other document-

(a)

(5)

in respect of which the principal is interested; and which contains any statement which is false or errone- ous or defective in any material particular; and

(c) which to his knowledge is intended to mislead the

principal,

shall be guilty of an offence.

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(4) For the purposes of subsections (1) and (2), the permis- sion of a principal to the soliciting or accepting of any advantage by his agent shall, without prejudice to the generality of the defence of lawful authority or reasonable excuse, constitute a reasonable

excuse.

10. (1) Any person who, being or having been a Crown

Servant-

(4) maintains a standard of living above that which is com- mensurate with his present or pust official emoluments; or (b) is in control of pecuniary resources or property dispro- portionate to his present or past official emoluments, shall, unless be gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or bow such pecuniary resources or property came under bis control, be guilty of an offence.

(2) No prosecution for an offence under subsection (1) shall be instituted without the consent in writing of the Altorney General, who shall, before consenting to the institution of a prosecution against a person for such an offence, inform that person that a prosecution against him for such an offence is under consideration and give him an opportunity of making rep- resentations in writing to the Attorney General.

(3) Neither section 7 of the Legal Officers Ordinance nor section 43 of the Interpretation and General Clauses Ordinance shall apply to or in respect of this section.

(4) Any representations in writing made by a person to the Attorney General under subsection (2) shall not, without the con- sent of that person, be admissible in evidence in any proceedings against him for any offence.

(5) In this section. "official emoluments” includes a pension or gratuity payable under the Pensions Ordinance.

11. (1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defence that-

(a) he did not actually have the power, right or opportunity

so to do or forbear;

(b) be accepted the advantage without intending so to do

or forbear; or

(e) he did not in fact so do or forbear.

Possession of unexplained properly.

(Cap. 97.)

(Cap. 1

(CAP. 19.)

Giver and acceptor of bribe to bo

guilty not withstanding that purpose not carried out, etc.