TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 68

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10. Clauses 5 and 6 deal with-

(1) persons who induce or attempt to induce public servants to use undue influence in the promotion, execution or procuring of public contracts and allied subcontracts (clause 5);

(2) persons who induce or attempt to induce others to withdraw or not make tenders for such contracts (clause 6);

(3) public servants and others who solicit or accept an

advantage for such purposes.

Offences under these clauses will attract greater penalties than other offences under Part II (see clause 12).

11. Clause 7 makes it an offence to induce, or attempt to induce, others not to make bids at auctions conducted by or on behalf of any public body, and to solicit or accept any advantage for this purpose, unless there is some lawful authority or reasonable excuse for such conduct.

12. Clause 8 makes it an offence for a person, who has dealings with a public body, to offer or give any advantage to a public servant employed by that public body, or, in the case of the Government, employed in that section of Government with which he has dealings.

13. Clause 9 prohibits dishonest transactions by and with agents, and is similar to section 4 of Cap. 215.

14. Clause 10 makes it an offence for a public servant to maintain a standard of living not commensurate with, or possess property disproportionate to, his official emoluments. No prosecu- tion may, however, be instituted for this offence without the personal consent of the Attorney General (which, by reason of the Legal Officers Ordinance, includes the Solicitor General) who, before deciding whether or not a prosecution should be instituted, is required to give the person concerned an opportunity of making written representations in the matter to the Attorney General (or, as the case may be, the Solicitor General). Where a prosecu- tion is instituted, the prosecution will have to prove that the public servant is or has been maintaining a high standard of living, or possesses or has possessed property, disproportionate to his official emoluments. If this is done, the burden will then lie on the public servant to satisfy the court that he has a satis- factory explanation as to how he has been able to live beyond his official means or as to how he came by so much property; if he fails to do so, he would be convicted of the offence.