TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 111

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Increase of maximum penalty in certain

cases.

Presump- tion of corruption in certain

cases.

Acceptor of gratification to be guilty

notwith- standing that purpose not carried out. etc.

REPRINTS SUPPLEMENT

7. A person convicted of an offence under section 5 or 6 of this Ordinance shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with the Government or any department thereof or with any public body or a sub-contract to execute any work comprised in such a contract, be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.

8. Where in any proceedings against a person for an offence under section 5 or 6 of this Ordinance, it is proved that any gratification has been paid or given to or received by a person in the employment of the Government or any department thereof or of a public body by or from a person or agent of a person who has or seeks to have any dealing with the Government or any department thereof or any public body, such gratification shall be deemed to have been paid or given and received corruptly as an inducement or reward as hereinbefore mentioned unless the contrary is proved.

9.—(1) Where in any proceedings against any agent for any offence under paragraph (a) of section 6 of this Ordinance, it is proved that he corruptly accepted, obtained or agreed to accept or attempted to obtain any gratification, having reason to believe or suspect that such gratification was offered as an inducement or reward for his doing or for- bearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal's affairs or business, he shall be guilty of an offence under that section notwithstanding that he did not have the power, right or opportunity so to do, show or forbear or that he accepted the gratification without intending so to do, show or forbear or that he did not in fact so do, show or forbear or that such act, favour or disfavour was not in relation to his principal's affairs or business.

(2) Where in any proceedings against any person for any offence under paragraph (b) of section 6 of this Ordinance. it is proved that he corruptly gave, agreed to give or offered any gratification to any agent as an inducement or reward for doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person having reason to believe or suspect that such agent had the power, right or opportunity so to do, show or forbear and that such act, favour or disfavour was in relation to his principal's affairs or business, he shall be guilty of an offence

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