TNAG-0688-FCO40-837-Disturbances-by-police-in-Hong-Kong-1977 — Page 89

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CAP. 201]

Prevention of Bribery

[1974 Ed.

Possession of unexplained property.

(Cap. 89.)

Giver and acceptor of bribe to be guilty not- withstanding that purpose not carried out, etc.

(3) Any agent who, with intent to deceive his principal, uses any receipt, account or other document-

(a) in respect of which the principal is interested; and (b) which contains any statement which is false or erroneous

or defective in any material particular; and

(c) which to his knowledge is intended to mislead the principal, shall be guilty of an offence.

(4) For the purposes of subsections (1) and (2), the permission of a principal to the soliciting or accepting of any advantage by his agent shall, without prejudice to the generality of the defence of lawful authority or reasonable excuse, constitute a reasonable excuse.

10. (1) Any person who, being or having been a Crown servant-

(a) maintains a standard of living above that which is com- mensurate with his present or past official emoluments; or (b) is in control of pecuniary resources or property dispropor-

tionate to his present or past official emoluments, shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence.

(2) Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniaty 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, such resources or property shall, until the contrary is proved, be presumed to have been in the control of the accused. (Deleted, 56 of 1973, s. 2. Added, 9 of 1974, s. 3)

(3)-(4) [Deleted, 56 of 1973, s. 2]

(5) In this section, “official emoluments" includes a pension or gratuity payable under the Pensions Ordinance.

11. (1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or other- wise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defence that—

(a) he did not actually have the power, right or opportunity

so to do or forbear;

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