TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 22

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Annex

The following provisions are from Section 1(1), (11) and (111) of the

Prevention of Corruption Act, 1906.

"1.

(1) If any agent corruptly accepts or obtains or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing, or forbearing to do, or for having after the passing of this Act done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or if any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Act done or forborne 'to do, any act in relation to his principal's affairs or business; he shall be guilty of misdemeanour and shall be liable on conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding two years, or to a fine not exceeding five hundred pounds, or to both such imprisonment and such fine, or on summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding fifty pounds, or to both such imprisonment and such fine.

(11) For the purposes of this Act the expression 'consideration' includes valuable consideration of any kind; the expression 'agent' includes any person employed by or acting for another; and the expression 'principal' includes an employer.

(111) A person serving under the Crown or under any corporation or any municipal borough, county or district council, or any board of guardians, is an agent within the meaning of this Act.

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A later Act of 1916 increases the punishment for offences under the 1906 Act to penal servitude for not exceeding seven years nor less than three years.

The Act of 1916 also prescribes that if proceedings have been taken under the Act of 1906 against a Civil Servant for improperly receiving any money, gift, or other consideration, the onus of proving that the money, etc., was not improperly received rests on the officer concerned.

Clause 25

13.