TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 94

PREVENTION OF BRIBERY BILL

"public servant" means any employee or member of a public body, whether temporary or permanent and whether paid or unpaid;

"spouse" includes a common-law wife or concubine.

(2) For the purposes of this Ordinance-

(a) a person offers an advantage if he, or any other person acting on his behalf, directly or indirectly gives, affords or holds out, or agrees, undertakes or promises to give, afford or hold out, any advantage to or for the benefit of or in trust for any other person;

(b) a person solicits an advantage if he, or any other person acting on his behalf, directly or indirectly demands, invites, asks for or indicates willingness to receive, any advantage, whether for himself or for any other person; and

(c) a person accepts an advantage if he, or any other person acting on his behalf, directly or indirectly takes, receives or obtains, or agrees to take, receive or obtain any advantage, whether for himself or for any other person.

PART II.

OFFENCES.

3. Any public servant who, without lawful authority or Bribery. reasonable excuse, solicits or accepts any advantage, whether for himself or any other public servant, shall be guilty of an offence.

4. Any person who, without lawful authority or reasonable excuse, offers any advantage to a public servant as an inducement to or reward for or otherwise on account of that public servant's-

(a) performing or abstaining from performing, or having performed or abstained from performing, any official act;

(b) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an official act, whether by that public servant or by any other public servant; or

(c) assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the transaction of any business with a public body,

shall be guilty of an offence.

Bribery in

respect of business with a public body.

E73

Y