TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 165

0003230

G.F. 323

CONFIDENTIAL

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7.

The term "public servant" is defined widely, so as to include not

only persons employed by the Government, but also employees of statutory

bodies, such as the Hong Kong Telephone Company Limited, as is the case

under Cap. 215.

8. No attempt has been made to define "lawful authority or

reasonable excuse" since this must depend on the particular facts and

circumstances of each case. It will be for the courts to decide whether,

in the circumstances of each case, this defence has been established,

9. Clause 4 deals with the person who, without any lawful authority

or reasonable excuse, offers (which includes gives, by clause 2(2)(a)) any

advantage to a public servant to induce him to abuse his official position,

or as a reward for his having abused his official position, in any of the

ways indicated in the clause.

10.

Clauses 5 and 6 deal with

(1) persons who induce or attempt to induce public servants to

use undue influence in the promotion, execution or procuring

of public contracts and allied subcontracts (clause 5);

(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.

CONFIDENTIAL

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