TNAG-0501-FCO40-566-Legislation-for-prevention-of-bribery-in-Hong-Kong-1975 — Page 55

G.F. 323 0003230

CONFIDENTIAL #B

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Amendment of section 10.

3.

- 2 -

Section 10 of the principal Ordinance is amended by

inserting, after subsection (1), the following

"(2) In proceedings for an offence under

subsection (1)(b) an accused person shall, until

the contrary is proved, be presumed to have been in

control of any pecuniary resources or property held'

by any person who, having regard to the closeness of

his relationship to the accused and to any other

circumstances, there is reason to believe was holding

such resources or property in trust for or otherwise

on behalf of the accused or acquired such resources

or property as a gift from the accused."

•

Amendment of

4.

section 12.

Section 12 of the principal Ordinance is amended

(a) In subsection (1)(a)(i) by deleting "section 5

or 6" and substituting "section 5, 6 or 10",

(b) in subsection (2) by adding after "year" the following -

", and shall be ordered to pay to such

person or public body in such manner

as the court directs the amount or value

of the advantage received by him or such

part thereof as the court may specify",

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