TNAG-0406-FCO40-452-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 178

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

PREVENTION OF BRIBERY

Ord. No. 102/70.

A549

(ii) any Crown servant specified in an authorization given under section 13; or

(b) misleads-

(i) any police officer specified in an authorization given under section 13; or

(ii) any Crown servant specified in an authorization given under section 13,

shall be guilty of an offence and shall be liable on summary con- viction to a fine of twenty thousand dollars and to imprisonment for one year.

30.

Any person who, without lawful authority or reasonable excuse, discloses to any person who is the subject of an investi- gation in respect of an offence alleged or suspected to have been committed by him under this Ordinance the fact that he is subject to such an investigation or any details of such investigation, or discloses to any other person either the identity of any person who is the subject of such an investigation or any details of such an investigation, shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.

31. (1) No prosecution for an offence under Part II shall be instituted except with the consent of the Attorney General.

(2) Notwithstanding subsection (1) of this section a person may be charged with an offence under Part II (other than an offence under section 10) and may be arrested therefor, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no such person shall be remanded in custody or on bail for longer than three days on such charge unless in the meantime the consent of the Attorney General aforesaid has been obtained.

(3) When a person is. brought before a magistrate before the Attorney General has consented to the prosecution, the charge shall be explained to the person accused but he shall not be called upon to plead and the provisions of the law for the time being in force relating to criminal procedure shall be modified accord- ingly.

32. (1) If, on the trial of any person for any offence under Part II, it is not proved that the accused is guilty of the offence charged but it is proved that the accused is guilty of some other offence under Part II, the accused may, notwithstanding the

Offence to disclose identity, etc. of persons being in- vestigated.

Consent of Attorney General required for prosecution of offences under Part II.

Alternative convictions, and amending particulars.

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