TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 13

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

577

P.U. (A) 73.

(2) Every person to whom a notice is sent by the Public Prosecutor under sub-section (1) shall, notwithstanding the provisions of any written law or any oath of secrecy to the contrary, comply with the terms of that notice within such time as may be specified therein; and any person who wilfully neglects or fails so to comply shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(3) In this section—

"bank” has the meaning assigned to it in sub-section (5) of section 3;

"public body” has the meaning assigned to it in section 2 of the Prevention of Corruption Act, 1961.

12. (1) Notwithstanding anything in any other law con- Special tained, if it appears to the Public Prosecutor that there are powers of investiga- reasonable grounds for suspecting that an offence under tion. this Ordinance has been committed by any person, he may by order authorise any police officer of or above the rank of Assistant Superintendent named in such order to make an investigation in the matter in such manner or mode as may be specified in such order. Such order may authorise the investigation of any bank account, share account or purchase account, expense account or any other account, or any safe deposit box in any bank, and shall be sufficient authority for the disclosure or production by any person of all or any information or accounts or documents or articles as may be required by the officer so authorised.

(2) Any person who fails or refuses to disclose such infor- mation or to produce such accounts or documents or articles to the person so authorised shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(3) In this section "bank" has the meaning assigned to it in sub-section (5) of section 3.

seizure.

13. (1) Whenever it appears to any Magistrate or the Public Powers of Prosecutor upon information and after such inquiry as he search and thinks necessary that there is reasonable cause to believe that in any place there is any evidence of the commission of an offence under this Ordinance, he may, by warrant directed to any police officer empower such officer to enter such place, by force if necessary, and there to search for, seize and detain any such evidence.

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