TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 247

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PREVENTION OF BRIBERY BILL

30. (1) No prosecution for an offence under Part II shall be instituted except with the consent of the Attorney Generals.

(2) Notwithstanding subsection (1) this section or subzed in Provided that a person charged with an offence under Part II may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until that eonsent has been obtained

3

magistrate

When a person is brought before a eourt under this section before the Attorney General has consented to the prosecution, the charge shall be explained to the person accused but he shall not be called upon to plead and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.

may

30,

31. (1) If, on the trial of any person for any offence under Part II, if it is not proved that the accused is guilty of the offence charged but it is proved that the accused is guilty of some other offence under Part II, or of attempting or being a party to such other offence, the accused shall notwithstanding the absence of consent under section 30 in respect of such other offence, or of attempting or being a party to such other offence, be convicted of such other offence, or of attempting or being a party to such other

alf with Offence, and be liable to be punished accordingly.

10.or 29

19

Consent of Attorney General required for prosecution of offences under Part II.

Alternative convictions, and amending particulars.

(2) If on the trial of any person for any offence under Part II there is any material variance between the particulars of the offence charged and the evidence adduced in support thereof, such variance shall not, of itself, entitle the accused to an acquittal of the offence charged if, in the opinion of the court, there is prima facie evidence of the commission of that offence, and in such a

may, case the court shall, notwithstanding the absence of consent under section in respect of the particulars supported by the evidence adduced, make the necessary amendment to the particulars, and shall read and explain the same to the accused, and the parties shall be allowed to recall and examine on matters relevant to such rovisions of subsection (3), amendment any witness who may have been examined and to call any further witness.

There

• subject to the

under subsection (2)

(3) If an Provided that if the amendment is made after the case for the prosecution is closed no further witness may be called by the prosecution other than such and on such matters only as it would,

apart from notwithstanding, the provisions of this subsection, be permissible to call and put in evidence in rebuttal.