TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 166

Chapter 215

PREVENTION OF CORRUPTION

To amend the law for the prevention of corruption.

[30th July, 1948.]

This Ordinance may be cited as the Prevention of Corruption Ordinance.

2. In this Ordinance-

Short title.

1.

Interpretation.

Corruption in office an

offence.

Corrupt transactions

with agents an offence.

“advantage" includes any office or dignity, and any forbearance to demand any money or money's worth or valuable thing, and includes any aid, vote, consent, or influence, or pretended aid, vote, consent or influence, and also includes any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of any gift, loan, fee, reward, or advantage, as before defined;

"agent" includes a public servant and any person employed by or acting for another; "Consideration" includes valuable consideration of any kind;

"person" includes a body of persons, corporate or unincorporate;

"principal" includes an employer;

"public body" includes any executive, legislative, municipal or urban council, any Government department or undertaking, any local or public authority or undertaking, any board, com- mission, committee or other body whether paid or unpaid appointed by the Governor or Government or which has power to act under or for the purposes of any enactment in force in the Colony;

"public office" means any office or employment permanent or temporary and whether paid or

unpaid of a person as a member, officer, or servant of such public body;

"public servant" means in addition to the meaning assigned to it by the Interpretation Ordinance, any employee or member of a public body as defined in this Ordinance, whether temporary or permanent and whether paid or unpaid.

3. (1) Any person who shall by himself or by or in conjunction with any other person, corruptly solicit or receive, or agree or receive for himself, or for any other person, any gift, loan, fee, reward, or advantage whatever as an inducement to, or reward for, or otherwise on account of any member, officer, or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the said public body is concerned, shall be guilty of an offence.

(2) Any person who shall by himself or by or in conjunction with any other person corruptly give, promise, or offer any gift, loan, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of any member, officer, or servant of any public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body as aforesaid is concerned, shall be guilty of an offence.

If

4.

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an induce- ment or reward for doing or forbearing to do, or for having after the passing of this Ordinance done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

(b) any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Ordinance done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

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