TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 11

575

P.U. (A) 73.

thereto has been held; and an order for forfeiture shall be made if it is proved to the satisfaction of the Court that an offence referred to in sub-section (1) of section 2 has been committed notwithstanding that no person has been con- victed of the offence.

(2) Where there is no prosecution in respect of any property liable to forfeiture under this Ordinance, the Public Prosecutor may, if he is satisfled that the property had been obtained as a result of or in connection with corrupt practice committed by such Member or officer referred to in sub- section (1) of section 2, make an application by way of an affidavit to a Judge of the High Court for the forfeiture of the property.

(3) An order for forfeiture may be made under sub- section (2) if the Judge is satisfied that the property had in fact been acquired or obtained as a result of or in connection with corrupt practice.

(4) Before making an order for forfeiture or release of the property in respect of which an application for forfeiture has been made under sub-section (2), the Judge may call for such evidence as he may think fit and shall require such Member or officer to show cause why such property should not be forfeited.

7. Any property forfeited under this Ordinance shall be Forfeited disposed of by the Minister of Finance in any manner as he property. may think fit and the proceeds thereof shall be paid into the Federal Consolidated Fund.

8. For the purpose of this Ordinance, an accused person Evidence of shall be deemed to be in possession of any property or the possession. proceeds thereof or an accretion thereto where such property, proceeds or accretion is held or obtained by any other person whom, having regard to his relationship to the accused person or to any other circumstances, there is reason to believe that that other person is holding or obtaining such property, proceeds or accretion in trust for or otherwise on behalf of the accused person or as a gift from the accused person.

9. (1) A prosecution under this Ordinance shall not be Prosecution. instituted except by or with the consent of the Public Prosecutor:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence