TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 137

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of the commission of the offence, he shall not be liable

to be prosecuted for that offence by virtue of the new

R

time limit being introduced.

1.3.

Section 33 of the principal Ordinance provides

that a person convicted of an offence under Part II shall

be disqualified for a period of 7 years from being a

member of inter alial a public body specified in the

Schedule. The majority of the bodies listed in the

Schedule are corporations and, in that context, member-

ship means owning shares. Since this was not the

intention when the Ordinance was enacted, clause 14

amends section 33 by removing the disqualification in

respect of membership of public bodies listed in the

Schedule. However, the disqualification will continue to

apply in respect of membership of the Executive,

Legislative and Urban Councils and other public bodies.

Clause 15 adds a new section,33A, to the

14.

principal Ordinance which will empower a court to

prohibit the employment of a person convicted of an

offence under Part II. The court will only be able to

impose such a prohibition if it considers it to be in

the public interest to do so. The terms of the

prohibition, which cannot exceed 7 years, will be left

to the discretion of the court, which can prohibit

employment in respect either of a particular business or

of a class of business and can also prohibit employment

as a director, partner, manager or similar capacity.

Where an order has been made, the person to whom the

order applies can apply to the court to have it varied

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