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15. At present, it is a disciplinary offence, under Establish- ment Regulations, for a public officer to live beyond his official means or to possess property disproportionate to those means without being able to give a satisfactory account. (E.R. 444). Clause 10 will make this a criminal offence.
16. Clause 11 emphasizes that where a bribe is offered for a particular purpose, e.g. to induce a public servant to use undue influence in the promotion of a public contract (see clause 5), then it is immaterial whether or not that purpose could, in fact, be carried out or, if it could, whether or not the person to whom the bribe is offered intends to carry it out in any way.
17. Clause 12. Under Cap. 215 the maximum general penalty for corruption is a fine of $5,000 and imprisonment for 2 years on summary conviction or, on conviction on indictment, a fine of $10,000 and imprisonment for 5 years. Under clause 12, the maximum general penalty will be a fine of $50,000 and imprisonment for 3 years on summary conviction or, on convic- tion on indictment, a fine of $100,000 and imprisonment for 7 years. However, for offences under clauses 5 and 6 the maximum punishment will be 10 years. The provisions in Cap. 215 for compelling an accused, convicted of corruptly receiving a bribe, to pay up the same are retained, save that under this clause the power of the court to order him to do so will be mandatory and no longer discretionary. The offence under clause 3, however, attracts lower penalties because that clause does not deal with public servants abusing their official position; clause 4(2), which attracts the higher general penalty, deals with this.
Powers of Investigation (Part III).
18. It is primarily in relation to the powers of investigation that Cap. 215 is thought to be inadequate compared with those conferred by the legislation of other countries. It is believed that wider powers of investigation, unpalatable as they might be, are essential if corruption is to be combatted. Corruption, by its nature, is a clandestine offence, which can be committed with very little trace of its commission. Also, it seldom comes to light by complaint, because both parties are frequently "satisfied customers", and a party may well be reluctant to complain because this would disclose his own conduct in the transaction.
19. Clause 13 enables the Attorney General to authorize in writing a named police officer of or above the rank of senior inspector, or a named public servant, to investigate, inspect, require the production of and obtain all information relating to any account, safe-deposit box, books, documents or articles of or
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