TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 221

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

PREVENTION OF BRIBERY BILL

Possession of unexplained property.

10. Any public servant who is or has been-

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(a) maintaining a standard of living above that which is

commensurate with his official emoluments; or

(b) in control of pecuniary resources or property dispropor-

tionate to his official emoluments,

/ shall, unless he gives a satisfactory explanation to the court as to how

he is or has been able to maintain such a standard of living or how such

pecuniary resources or property came under his control, be guilty of an

offence.

(2) No prosecution for an offence under subsection (1) shall be

instituted without the consent in writing of the Attorney General, who

shall, before consenting to the institution of a prosecution against a

person for such an offence, inform that person that a prosecution against

him for such an offence is under consideration and give him an opportunity

of making representations in writing to the Attorney General.

【Cap. 87).

(Cap. 1).

(3) Neither section 7 of the Legal Officers Ordinance nor section

43 of the Interpretation and General Clauses Ordinance shall apply to or

in respect of this section.

for, an offence under section 5 or 6, to a fine of One hundred

hey thousand dollars and to imprisonment for ten years, and

on

for any other offence under this Part, to a fine of twenty thousand dollars and to imprisonment for seven years; and

(b) on summary conviction, to a fine of ten thousand dollars

and to imprisonment for three years,

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