176
Increase of maximum
penalty
in certain
cases.
THE HONG KONG GOVERNMENT GAZETTE.
(c) if such person is a public servant he shall at 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 years from the date of his conviction, and to forfeit any such office
and held by him at the time of his conviction;
(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.
6. A person convicted on indictment of an offence under section 3 or section 4 shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with His Majesty or any Government Department or any 6 & 7 Geo. V. publie body or a sub-contract to execute any work comprised in such a contract, be liable to imprisonment for a term not exceeding seven nor less than three years: Provided that nothing in this section shall prevent the infliction in addition to imprisonment of such punishment other than imprisonment as may be inflicted under sub-section (1) or sub-section (2) of section 5.
c.64, s.1.
Savings.
Restriction on prosecution.
6 Ed. 7 .34
5.2.
Evidence of accomplice.
Special powers of investi- gation.
7. A person shall not be exempt from punishment under this Ordinance by reason of the invalidity of the appointment or election of a person to a public office.
8. A prosecution for an offence under this Ordinance shall not be instituted except by or with the consent of the Attorney General or Solicitor General.
9. Notwithstanding any rule of practice or procedure to the contrary in the event of a person being charged with an offence against section 3 or section 4, a judge shall not be required to direct the jury that it is dangerous to convict on the evidence of an accomplice without corroboration in a material particular implicating the accused, but in every such case the jury shall 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 such 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 such information to a police officer so authorised shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand dollars.
53
SUPPLEMENT NO. 1, JULY 30, 1948.
177
in certain cases.
11. Where in any proceedings against a person for an offence Presumption under this Ordinance, it is proved that any money, gift, or other of corruption consideration has been paid or given to or received by a person in he employment whether permanent or temporary and whether paid 6 & 7 Geo. V, or unpaid of His Majesty or any Government Department or a c.64, s.2. 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 inducement or reward as is mentioned in section 3 or section 4 unless the contrary is proved.
12. It is hereby declared that in any trial or inquiry by a Special rules magistrate or a court in respect of an offence against this Ordinance of evidence. it may be proved and taken into consideration by such magistrate or court that an accused person→→
(a) is in possession or has disposed of pecuniary resources
or property disproportionate to his known sources of income for which he cannot satisfactorily account; or
(b) has at or about the time of an alleged offence obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account.
13.
Sections 2, 3 and 4 of the Misdemeanors Punishment Or- Repeal of dinance, 1898, are hereby repealed.
Passed the Legislative Council of Hong Kong, this 28th day of July, 1948.
ALASTAIR TODD,
Deputy Clerk of Councils.
sections 2, 3 and 4 of
Ordinance No. 1 of
1898.
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Page 30Page 31
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