TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 21

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Power to award compensation.

Saving of rights and claims.

Ord. No. 25/80

PYRAMID SELLING PROHIBITION

(2) Where any person referred to in subsection (1) is charged with an offence under this Ordinance it shall be a defence for him to prove that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all other circumstances.

5. (1) Notwithstanding any provision in any other Ordinance, where a person is convicted of an offence under this Ordinance the court may, in addition to passing such sentence as may otherwise be passed by law, order the person so convicted to pay to any person who has suffered financial loss resulting from that offence, such amount as compensation as it thinks reasonable.

(2) An amount ordered as compensation under subsection (1) shall be recoverable as a civil debt by the person in whose favour the order is made.

6. Nothing in this Ordinance shall prejudice the enforcement by any person of any right or claim against any person ceasing to promote a pyramid selling scheme by reason of this Ordinance.

1980.

Passed by the Hong Kong Legislative Council this 25th day of June

LORNA LEUNG,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LORNA LEUNG,

Clerk to the Legislative Council.

CRIMES (AMENDMENT)

HONG KONG

No. 26 OF 1980

I assent.

L.S.

Ord. No. 26/80

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MURRAY MACLEHOSE,

An Ordinance to amend the Crimes Ordinance.

Governor.

26 June 1980.

[27 June 1980]

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Crimes (Amendment) Short title. Ordinance 1980.

2. Section 156 of the principal Ordinance is amended-

(a) in subsection (1)-

(i) by deleting "a person is accused of a rape offence or indecent assault" and substituting the following-

"an allegation is made that a rape offence or an indecent assault has been committed"; and

(ii) by deleting "accusation" and substituting the following-

"allegation";

(b) by inserting after subsection (3) the following-

"(3A) A direction that subsection (1) shall not apply in relation to such complaint or such matter as is specified in the direction may be given, where it is necessary for the purpose of seeking information which may lead to the arrest of a person responsible for an alleged rape offence or inde- cent assault, or is for any other reason in the public interest- (a) by a police officer of the rank of Senior Superin- tendent or above, where the complainant consents in writing to such a direction being given; or

(b) by the Attorney General in any other case, and notice of any such direction shall be published in the Gazette.";

(c) in subsection (4)—

(i) by deleting "before the High Court";

(ii) by inserting after "the judge" the following-

"or, as the case may be, the District Judge, magistrate or juvenile court,”; and

(iii) by deleting "he" and substituting the following-

"the judge or, as the case may be, the District Judge, magistrate or juvenile court,”;

Amendment of section 156.

(Cap. 200.)