TNAG-0260-FCO40-296-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 48

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Thursday, October 22, 1970

He said the term "agent" as defined in the Bill included not only

a public servant but any other porson employed by or acting for another, so

that an employee or agent of a firm, a partnership, or a company was an

"agent" in this sense.

If, without lawful authority or reasonable excuse, this agent

solicited or accepted any advantage or reward for doing or not doing any

act, or for showing or not showing favour or disfavour to any person, in

relation to his employer's affairs, he would be guilty of an offence for

which the maximum penalty would be seven years' imprisonment and a fine of

$100,000.

Reference To Kick-backs'

"If payments, which are ofton called kick-backs, are solicited

or accopted by, or offered to, an agent as an inducement or reward to him

for his help in relation to his employer's business, they may fall within

the terms of this clause, if given to an agent without the knowledge and

consent of his employers," Mr. Roberts said.

The Bill made it an offence for a public sorvant to live at a

higher standard, or to be in control of more money or property, than was

justified by his official salary unless he gave a satisfactory explanation

as to how he was able to do this or how he acquired the money or property.

Clause 10 imposed "a criminal liability" for something that had

in the past rendered a Crown servant liable only to disciplinary proceedings.

"It has naturally aroused some criticism, since it introduces a

novel crime," Mr. Roberts commented.

/The effect

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