TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 166

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G.F. 323

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14. Clause 10 makes it an offence for a public servant to maintain

a standard of living not commensurate with, or possess property dis-

proportionate to, his official emoluments.

The prosecution 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 is 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 without being able to

give a satisfactory account. (E.R. 444). Clause 10 will make this a

criminal offence.

16. Clause 11 emphasises 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,

?

17. Clause 12. Under Cap. 215 the maximum general penalty is a

fine of $5,000 and imprisonment for 2 years on summary conviction or on

conviction on indictment, a fine of $10,000 and imprisonment for 5 years.

Under Clause 12, the maximum general penalty will be a fine of $10,000

and imprisonment for 3 years on summary conviction or, on conviction on

indictment, a fine of $20,000 and imprisonment for 7 years. However, for

offences under clauses 5 and 6 the maximum punishment will be 10 years.

The provisions in Cap. 215 for compelling an accused, convicted of

receiving a bribe, to pay up the same are retained, save that under this

clause the power of the court to order him to do so will be mandatory and

no longer discretionary.

Powers of Investigation (Part III).

18.

It is primarily in relation to the powers of investigation that

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