TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 156

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

0003230 G.F. 323

CONFIDENTIAL

23

Evidence of

custom

inadmissible.

PART IV

EVIDENCE.

19. In any proceedings for an offence under this

Ordinance, it shall not be a defence to show that any

such advantage as is mentioned in this Ordinance is

customary in any profession, trade, vocation or calling.

Evidence of pecuniary

resources or

property.

20. (1) In any proceedings against a person for

an offence under Part II (other than section 10), the

fact that the accused was, at or about the date of a

at any time since the date of the alleged offence, or

is in possession, for which he cannot satisfactorily

account, of pecuniary resources or property

disproportionate to his known sources of income, or

that he had, at or about the date of or at any time

since the date of the alleged offence, obtained an

accretion to his pecuniary resources or property for

which he cannot satisfactorily account, may be proved

and may be taken by the court

(a)

as corroborating the testimony of any witness

giving evidence in such proceedings that the

accused accepted or solicited any advantage;

and

(b)

as showing that such advantage was accepted

or solicited as an inducement or reward.

(2) For the purposes of subsection (1) a person

accused of an offence under Part II (other than section

10) shall be presumed to be or to have been in

possession of pecuniary resources or property, or to

have obtained an accretion thereto, where such

resources or property are or were held, or such

CONFIDENTIAL

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