TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 113

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When

penalty to

REPRINTS SUPPLEMENT

(ii) such member's performing, or abstaining from performing, or his aid in pro- curing, expediting, delaying, hindering or preventing the performance of, any official act; or

(iii) such member's aid in procuring or pre- venting the passing of any vote or the granting of any contract or advantage in favour of any person; or

(b) who, being a member of a public body, solicits or accepts any gratification as an inducement or a reward for any such act, or any such abstaining, as is referred to in sub-paragraphs (i), (ii) and (iii) of paragraph (a) of this section,

shall be guilty of an offence under this Ordinance and shall be liable on conviction 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.

13. Where a court convicts any person of an offence be imposed committed by the acceptance of any gratification in con- travention of any provision of this Ordinance, then, if that punishment. gratification is a sum of money or if the value of that

in addition

to other

Principal may recover amount of secret gift.

gratification can be assessed, the court shall, in addition to imposing on that person any other punishment, order him to pay as a penalty, within such time as may be specified in the order, a sum which is equal to the amount of that gratification or is, in the opinion of the court, the value of that gratification, and any such penalty shall be recoverable as a fine.

14. (1) Where any gratification has, in contravention of this Ordinance, been given by any person to an agent, the principal may recover as a civil debt the amount or the money value thereof either from the agent or from the person who gave the gratification to the agent, and no conviction or acquittal of the defendant in respect of an offence under this Ordinance shall operate as a bar to proceedings for the recovery of such amount or money value.

(2) Nothing in this section shall be deemed to prejudice or affect any right which any principal may have under any written law or rule of law to recover from his agent any money or property.

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