TNAG-0688-FCO40-837-Disturbances-by-police-in-Hong-Kong-1977 — Page 104

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1974 Ed.]

Prevention of Bribery

[CAP. 201

23

officer specified in an authorization given under section 13; or

(b) misleads any investigating officer specified in an authoriza-

tion given under section 13,

shall be guilty of an offence and shall be liable on summary convic- tion to a fine of $20,000 and to imprisonment for 1 year.

(Amended, 9 of 1974, s. 12)

30. (1) Any person who, without lawful authority or reason- able excuse, discloses to any person who is the subject of an investiga- tion 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 $20,000 and to imprisonment for 1 year.

(2) Notwithstanding anything in subsection (1), the Commis- sioner may disclose the identity of any person if—

(a) he has failed to comply with a notice under section 14(1)(a)

or (b);

(b) a restraining order has been served on any person under

section 14C(3);

(c) his residence has been searched under a warrant issued

under section 17;

(d) he has been required to surrender any travel document

under section 17A; or

(e) a warrant for his arrest has been issued under section 18.

(Amended, 9 of 1974, s. 13)

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 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 notwith- standing 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 3 days on such charge unless in the meantime the consent of the Attorney General aforesaid has been obtained. (Amended, 56 of 1973, s. 4)

(3) When a person is brought before a magistrate before the Attorney General has consented to the prosecution, the charge shall

Offence to disclose identity, etc.

of persons being investigated.

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