1980-HKRS28-16-28_Part02 — Page 10

Amendozat of

section 4.

Americideal of acction 9.

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2

(5) in the definition of "company books" by deleting "or other book"

and substituting the following-

I'LL

" report, letter or other book or document"; and

(c) by inserting after the definition of "Crown servant" the following

definition-

"document" includes any register, book, record, tape-recording, any form of computer input or output, and any other material (whether produced mechanically, electrically, or manually or by any other means whatsoever);",

3. Section 4 of the principal Ordinance is amended-

(a) in subsection (1) by inserting after "Any person who" the

following

A

" whether in Hong Kong or alsowhere"";

爿

(b) in subsection (2) by inserting after "Any public servant who*

the following-

" whether in Hong Kong or elsewhere"; and

(c) by inserting after subsection (2) the following-

(40) If a public servant other than a Crown servant solicits or accepts an advantage with the permission of the public body of which he is an employee being permission which complies with subsection (4), neither he nor the person who offered the advantage shall be guilty of an offence under this section.

(4) For the purposes of subscelion (3) permission shall be in writing and-

(2) be given before the advantage is offered, solicited

or accepted; or

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(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance,

and for such permission to be effective for the purposes of subsection (), the public body shall, before giving such permission, have regard to the circumstances in which it is sought.".

4. Section 9 of the principal Ordinance is amendest by deleting subsection (4) and substituting the following-

"(4) If an agent solicits or accepts an advantage with the permis sion of his principal, being permission which complies with subsection (5), neither be nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2).

(5) For the purposes of subsection (4) permission shall-

(a) be given before the advantage is offered, solicited or accepted;

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(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance,

and for such permission to be effective for the purposes of subsec- tion (4), the principal shall, before giving such permission, have regard to the circumstances in which it is sought.".

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5.

Section 12 of the principal Ordinance is amended-

(a) in subsection (11a) by deleting "$100.000" in both places where

it occurs and substituting the following-

**$500,000"";

(b) in subsection (1)(b) by deleting "$50.000" and substituting the

following-

*$100,000"; and

(c) in subsection (2) by deleting "$20,000" and substituting the

following-

6.

-$100,000".

Amcadoment of

ection 12.

ˇˋ

The principal Ordinance is amended in Part II by adding after Addition of section 12 the following--

12A.

"Commpitucy

12A. (1) Any person convicted of conspiracy to com: mit an offence under this Part shall be dealt with and punished in like manner as if convicted of such offence and any rules of evidence which apply with respect to the proof of any such offence shall apply in like manner to the proof of conspiracy to commit such offence.

(2) The powers of investigation conferred by Part III of this Ordinance shall apply with respect to a conspiracy to commit an offence under this Ordinance in like manner as they apply to the investigation of any such offence.",

7. Section 1403) of the principal Ordinance is amended--

(a) in paragraph ()

() in sub-paragraph (1) by deleting "the year" wherever it occurs and substituting in each place the following —

"the 3 years";

(ü) in sub-paragraph (ü) by deleting "I year" and substituting the following

"3 years"; and

(iii) in sub-paragraph (iii) by deleting "! year" and substituting the following

"3 years":

(b) in paragraph (d)

(i) by inserting after “all information in his possession" the following-

"or to which he may reasonably have access (not being information readily available to the public)"'; and

(i) by inserting after "any document in his possession or under his control the following—

"or to which he may reasonably have access (not being a document readily available to the public)"; and

(c) in paragraph (e) by inserting after "any document which is in bis

possession or under his control" the following-

"or to which he may reasonably have access (not being a document readily available to the public)".

Amendment of secting 14.