TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 15

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

579

P.U. (A) 73.

and dealing

void.

corrobora- tion.

16. Any transaction in respect of and any transfer of or Transfer dealing with any property, proceeds or accretion after a in certain prohibitory order has been issued by the Public Prosecutor property under section 4 or after a notification has been issued by the Public Prosecutor under section 15 in respect of such property, proceeds or accretion shall be null and void.

17. In any trial or inquiry under this Ordinance, the fact Evidence of that a person is in possession, for which he cannot satis- factorily account, of pecuniary resources or property dis- proportionate to his known sources of income, may be proved in evidence and may be taken into consideration by the court as corroborating the testimony of any witness in such trial or inquiry that the person has committed the offence of corrupt practice or that he has acquired or obtained the property, the proceeds thereof or accretion thereto as a result of or in connection with corrupt practice. 18. (1) Where the Public Prosecutor is satisfied that any Transi- property or proceeds therefrom or accretion thereto referred tional. to in the statement furnished under section 11 had before the commencement of this Ordinance been acquired or obtained by or through a Member or officer referred to in sub-section (1) of section 2 in a manner which had the provi- sions of this Ordinance been in force at the time of the acquisition or obtainment would be in contravention of this Ordinance he may make an application by way of an affidavit to a Judge of the High Court for the forfeiture 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.

(2) Before making an order for forfeiture or release of such property, 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.

(3) This section shall have effect notwithstanding any written law to the contrary.

(4) In this section, "Member" or "officer" includes a person who has ceased to be such a Member or officer.

19. Nothing in this Ordinance shall affect the provisions of Saving. the Prevention of Corruption Act, 1961.

Promulgated at Istana Negara, Kuala Lumpur, on Twenty-first day of February, 1970.

TUANKU ISMAIL NASIRUDDIN SHAH, Yang di-Pertuan Agong

DI-CHETAK DI-JABATAN CHETAK KERAJAAN, KUALA LUMPUR, OLEH THOR BENG CHONG, A.M.N., PENCHETAK KERAJAAN

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