TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 14

P.U. (A) 73.

578

Legal

obligation to give

(2) Whenever it appears to any police officer of or above the rank of Inspector that there is reasonable cause to believe that in any place there is concealed or deposited any evidence of the commission of an offence under this Ordi- nance and such public officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated he may excrcise in and in respect of such place all the powers mentioned in sub-section (i) in as full and ample a measure as if he were empowered to do so by warrant issued under that sub-section.

14. Every person required by a police officer to give any information on any subject which it is such police officer's information. duty to inquire into under this Ordinance and which it is in his power to give, shall be legally bound to give such infor- mation.

Property outside Malaysia.

15. (1) Where the Public Prosecutor is satisfied that any property, proceeds thereof or accretion thereto which has or have been acquired or obtained as a result of or in connec- tion with corrupt practice by a Member or officer referred to in sub-section (1) of section 2 is being held or deposited outside Malaysia, it shall be lawful for the Public Prosecutor to notify the person or authority with whom the said pro- perty, proceeds or accretion is or are held or deposited that such property, proceeds or accretion has or have been acquired or obtained in contravention of this Ordinance and to require the said person or authority not to effect any dealing with respect to such property, proceeds or accretion without the consent of the Public Prosecutor.

(2) Where the Public Prosecutor has issued a notification under sub-section (1), he may make an application by way of an affidavit to a Judge of the High Court for the forfei- ture of the property, proceeds or accretion; and for the purpose of this section such property, proceeds or accretion shall be deemed to be liable to forfeiture.

(3) Sub-section (3) and (4) of section 6 shall apply mutatis mutandis to any property, proceeds or accretion in respect of which a notification has been issued by the Public Prose- cutor under this section.

(4) Where the Judge of the High Court has made an order for forfeiture under this section the property, proceeds or accretion shall thereupon vest on the Government of Malaysia; and a copy of the said order shall be served on the person or authority referred to in sub-section (1).

•