TNAG-0406-FCO40-452-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 179

A550

Ord. No. 102/70.

Effect of conviction of an offence under Part II.

(Cap. 101.)

Extension of certain

provisions in relation to offences under repealed Ordinance. (Cap. 215.)

PREVENTION OF BRIBERY

absence of consent under section 10 or 31 in respect of such e offence, be convicted of such other offence, and be liable to dealt with accordingly.

(2) If on the trial of any person for any offence under Pari there is any material variance between the particulars of: offence charged and the evidence adduced in support there such variance shall not, of itself, entitle the accused to an acquit. of the offence charged if, in the opinion of the court, there prima facie evidence of the commission of that offence, and in such a case the court may, notwithstanding the absence of consent under section 10 or 31 in respect of the particulars supported by the evidence adduced, make the necessary amendment to th particulars, and shall thereupon read and explain the same to th. accused and the parties shall be allowed to recall and examine or matters relevant to such amendment any witness who may have been examined and, subject to the provisions of subsection (3), to call any further witness.

(3) If an amendment is made under subsection (2) after th case for the prosecution is closed no further witness may b called by the prosecution other than such and on such matter only as it would, apart from the provisions of this subsectio be permissible to call and put in evidence in rebuttal.

(4) Nothing in this section shall exclude the application any other law whereby a person may be found guilty of an offe: other than that with which he is charged.

33. Any person convicted of an offence under Part II sha by reason of such conviction, be disqualified for a period of seven years from the date of such conviction from-

(a) being registered as an elector or voting at any election

under the Urban Council Ordinance;

(b) being or being elected or appointed as a member of the Executive Council, the Legislative Council, the Urban Council and any other public body.

34. (1) The provisions contained in Part III shall apply! and in respect of offences suspected or alleged to have be committed under the Prevention of Corruption Ordinance repeal. by section 36 as they apply to and in respect of offenc suspected or alleged to have been committed under this Ordinar

(2) The references in sections 27, 29 and 30 to this Ord ance shall be deemed to include a reference to the Prevention Corruption Ordinance repealed by section 36.