TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 111

E90

PREVENTION OF BRIBERY BILL

(2) persons who induce or attempt to induce others to withdraw or not make tenders for such contracts (clause

6);

(3) public servants and others who solicit or accept an

advantage for such purposes.

The defence of lawful authority or reasonable excuse is not available under these clauses. Moreover, offences under these clauses will attract greater penalties than other offences under Part II (see clause 12).

11. Clause 7 makes it an offence to induce, or attempt to induce, others not to make bids at auctions conducted by or on behalf of any public body, and to solicit or accept any advantage for this purpose. As under clauses 5 and 6, lawful authority or reasonable excuse is not a defence.

12. Clause 8 makes it an offence for a person, who has dealings with a public body, to offer or give any advantage to a public servant employed by that public body.

13. Clause 9 prohibits dishonest transactions by and with agents, and is similar to section 4 of Cap. 215.

14. Clause 10 makes it an offence for a public servant to maintain a standard of living not commensurate with, or possess property disproportionate to, his official emoluments. The pro- secution will have to prove that the public servant is or has been maintaining a high standard of living, or possesses or has possessed property, disproportionate to his official emoluments. If this it done, the burden will then lie on the public servant to satisfy the court that he has a satisfactory explanation as to how he has been able to live beyond his official means or as to how he came by so much property; if he fails to do so, he would be convicted of the offence.

15. At present, it is a disciplinary offence, under Establishment Regulations, for a public officer to live beyond his official means or to possess property disproportionate to those means withous being able to give a satisfactory account. (E.R. 444). Clause 10 will make this a criminal offence.

16. Clause 11 emphasizes that where a bribe is offered for a particular purpose, e.g. to induce a public servant to use undue influence in the promotion of a public contract (see clause 5), then it is immaterial whether or not that purpose could, in fact, be carried out or, if it could, whether or not the person to whom the bribe is offered intends to carry it out in any way.

1

1

: