1980-HKRS28-16-28_Part02 — Page 12

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31.4.

Amendment of section 33.

Addition of

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334

named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery,

(3) If in any proceeding before a court for an offence under this Ordinance the court, after full inquiry into the case, is satisfied that an informer wilfully made a materia] statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an informer or a person who has assisted the Commissioner, the court may permit inquiry and require full disclosure concerning the informer or such person.".

14. The principal Ordinance is amtended by adding after section 31 the following

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31A. (1) Notwithstanding section 26 of the Magistrates Ordinance, à complaint may be made or an information laid in respect of an offence under section 3. 14(5), 14A(5), 140(6) or ĪJA within 2 years from the time when the malteī of such complaint or information respectively arose.

(2) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 1303), 13(4), 29 or 30(1) within 1 year from the time when the matter of such complaint or information respectively arose.

(3) Where a person has, before the commencemeat of the Prevention of Bribery (Amendment) Ordinance 1980. committed an offence under section 3, 13(3), 13(4), 14(5), 14A(5), 14016), 29 or 3001) and, but for this section, would not be liable to be prosecuted for that offence by virtue of section 26 of the Magistrales Ordinance, he shall, not- withstanding this section, not be liable to be prosecuted for that offence.".

15. Section 33(b) of the principal Ordinance is amended by inserting after "public body" the following-

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other than a public body specified in the Schedule".

16. The principal Ordinance is amended by inserting after section 33 the following-

**Power of court 10 prohibir cm giloy ikert of coqricted person.

33A. (1) Where a person has been convicted of an offence under Part II, a court may, on the application of the prosecution or on its own motion, where it considers it to be in the public interest so to do. order that the convicted person be prohibited from taking or continuing employment, whether temporary or permanent and whother paid or unpaid-

(a) in the case where the convicted person was om- ployed by a corporation or a public body at the time of or prior to his conviction, as a director or manager or in such other capacity concerned with. whether directly or indirectly, the management of that corporation or any public body or any corpora- tion that is a subsidiary of that corporation or any

**

1980.

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public body within the meaning of section 1 of the Companies Ordinance; or

(6) in the case where the convicled person was practis- ing any profession or was otherwise self-employed at the time of or prior to his conviction, in the practice of his profession or in the business, or class of business, in which he was so employed, as the case may be

(c) in other cases, at a partner of as a manager of or in such other capacity concerned with," whether directly or indirectly, the management of such partnership. firm or person or such class of partner- ship. firm or person; and

(4) for such period not exceeding 7 years,

as the court may determine.

(2) A person in respect of whom an order under sub- section (1) has been made may at any time during the con tinuance in force of the order apply to the court for the order to be varied or cancelled.

(3) On an application under subsection (2) the court shall consider all the circumstances including any changes in the applicant's circumstances since the making of the order and whether it would be in the public interest for the order to be varied or cancelled.

(4) Not less than 7 days before the hearing of an application under subsection (2) the person applying shaf give written notice to the Attomey General of his intentions and on any hearing of an application the Attorney General sball have the right to appear and be heard.

(3) Any person in respect of whom an order under subsection (1) has been made who contravenes the order commits an offence and is liable to a fine of $50,000 and to imprisonment for 12 months.",

17. The Schedule to the principal Ordinance is amended by deleting Amendment of

Commercial Television Limited.".

Passed by the Hong Kong Legislative Council this 25th day of June

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Clerk rd the Legislative Epáncil.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bil

Clerk rofthe Legulative Gölncil.

SchedpJc.