TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 9

573

P.U. (A) 73.

2. (1) Any Member of the administration or any Member Corrupt of Parliament or the State Legislative Assembly or any practice. public officer, who while being such a Member or officer commits any corrupt practice shall be guilty of an offence and shall be liable on com jction to imprisonment for a term not exceeding fourteen years or to a fine not exceeding twenty thousand dollars or to both such imprisonment and fine.

(2) For the purpose of this section-

"corrupt practice" means any act done by any Member or officer referred to in sub-section (1) in his capacity as such Member or officer, whereby he has used his public position or office for his pecuniary or other advantage; and without prejudice to the foregoing, in relation to a Member of a State Legislative Assembly includes any act which is contrary to the provision of sub-section (8) of section 2 of the Eighth Schedule to the Federal Constitution or the equivalent provision in the Constitution of a State;

"Member of the administration" has the meaning assigned to it in Article 160 (2) of the Federal Constitution;

"Member of the Legislative Assembly” includes a public officer who is a member of the State Executive Council by virtue of his office;

"public officer" has the meaning assigned to it in section 2 of the Prevention of Corruption Act, 1961.

and

3. (1) The Public Prosecutor may, if he has reasonable Freezing grounds to believe that money obtained in the commission. forfeiture of an offence under the Prevention of Corruption Act, 1961 of monies or this Ordinance by a Member or officer referred to in sub- in any bank. section (1) of section 2 of this Ordinance or any accretion thereto is deposited in any bank account, notwithstanding any law by order direct that bank not to pay any money out of such bank account by cheque or otherwise until the order is revoked by him or by the Court.

(2) Any officer of a bank who complies with the order of the Public Prosecutor under sub-section (1) shall be relieved of any liability to any person in respect of the pay- ment prohibited by such order.

(3) Any bank who fails to comply with an order of the Public Prosecutor under sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars.

(4) All monies subject to an order of the Public Prosecutor under sub-section (1) shall be liable to forfeiture.