TNAG-0409-FCO40-455-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 182

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Chapter 201

PREVENTION OF BRIBERY ORDINANCE

(Subsidiary Legislation)

ACCEPTANCE OF ADVANTAGES REGULATIONS

(Cap. 201, section 3)

[14th May, 1971.]

Citation.

1.

These regulations may be cited as the Acceptance of Advantages Regulations.

Application.

Interpretation.

2. These regulations apply to all Crown servants.

Prevention

of Bribery Ordinance.

3. In these regulations, unless the context otherwise requires-

"Crown servant" means any person holding any office of emolument, whether permanent or

temporary, under the Crown in right of the Government of Hong Kong;

"relation" means spouse, parent, parent-in-law, God-parent, grandparent, great-grandparent, child, God-child, grandchild, great-grandchild, sons-in-law, daughters-in-law, sister, half- sister, step-sister, brother, half-brother, step-brother, first cousin, uncle, great-uncle, aunt, great-aunt, nephew, great-nephew, niece, and great-niece;

"Head of Department" means—

(a) in relation to a Crown servant who is himself the Head of a Department or is an ex

officio member of the Executive Council, the Establishment Secretary;

(b) in relation to any other Crown servant-

(i) the Head of the Department in which that Crown servant is employed at the time when the advantage is offered to or solicited or accepted by the Crown servant; or (ii) another officer of that department authorized by the Head of the Department, with the approval of the Establishment Secretary, to act on his behalf for the purposes of these regulations.

4. (1) It is a criminal offence under section 3 of the Prevention of Bribery Ordinance for a Crown servant to solicit or to accept any advantage without the general or special permission of the Governor. The maximum penalty is a fine of $20,000 and imprisonment for one year. General permission is dealt with in regulations 5, 6 and 7 of these regulations. Special permis- sion is dealt with in regulations 8, 9 and 10.

(2) For the purposes of that Ordinance—

(a) a person "solicits” an advantage if he, or any other person acting on his behalf, directly or indirectly demands, invites, asks for or indicates willingness to receive, any advantage, whether for himself or for any other person; and

(b) a person "accepts" an advantage if he, or any other person acting on his behalf, directly or indirectly takes, receives or obtains, or agrees to take, receive or obtain any advantage, whether for himself or for any other person.

(3) The term "advantage" is defined in section 2 of that Ordinance, as including--

(a) any gift, loan, fee, reward or commission consisting of money or of any valuable

security or of other property or interest in property of any description;

(b) any office, employment or contract;

(c) any payment, release, discharge or liquidation of any loan, obligation or other liability,

whether in whole or in part;

(d) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;

(e) the exercise or forbearance from the exercise of any right or any power or duty; and

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