TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 100

G.F. 323

CONFIDENTIAL # 機密

2

Explanatory Memorandum

Section 12(3) of the Prevention of Bribery

Ordinance, which was added to the Ordinance on 15

February 1974, provides that a court may order a person

convicted of an offence under section 10(1)(b) of the

principal Ordinance to pay to the Crown certain penalties

in addition to any fine or term of imprisonment imposed

for the offence.

2.

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In a recent decision, the Court of Appeal

held that orders made under section 12(3) in respect

of section 10(1)(b) offences arising before 15 February

1974 are invalid, because the language of section 12(3)

does not indicate clearly that it has effect in relation

to earlier offences. This decision has rendered invalid

a considerable number of such orders involving large

sums of money.

3.

The object of this Bill is to amend the

principal Ordinance so as to make clear that the courts

can make orders under section 12(3) in relation to

section 10(1)(b) offences arising before 15 February

1974. The Bill also validates the existing orders

rendered invalid by the decision of the Court of Appeal.

The total sums paid or payable under the

invalid orders amount to approximately $30 million.

To the extent that those orders are rendered valid

4.

by this Bill, there will be a resulting saving to the

general revenue.

CONFIDENTIAL

機密