TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 82

PREVENTION OF BRIBERY (AMENDMENT) BILL

A BILL

To

Enclosure No.4

C121

Amend the Prevention of Bribery Ordinance.

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 Prevention of Bribery Short title. (Amendment) Ordinance 1980.

2.

Section 2(1) of the principal Ordinance is amended—

Amendment of section 2.

(a) by deleting the definition of "banker's books" and substituting (Cap. 201.)

the following-

"banker's books" means--

(a) any ledger, ledger card, statement of account, day book, cash book, account book or other book or document whatsoever;

(b) any cheque, voucher, record card, report, letter

or other document whatsoever; and

(c) any copy of anything referred to in paragraph (a) or (b), used in the ordinary business of a bank;";

(b) in the definition of "company books" by deleting "or other book"

and substituting the following-

", report, letter or other book or document"; and

(c) by inserting after the definition of "Crown servant" the following

definition-

3.

""document" includes any register, book, record, tape-recording, any form of computer input or output, and any other material (whether produced mechanically, electrically, or manually or by any other means whatsoever);".

Section 4 of the principal Ordinance is amended-

(a) in subsection (1) by inserting after "Any person who" the

following

>

whether in Hong Kong or elsewhere";

(b) in subsection (2) by inserting after "Any public servant who"

the following-

(c)

Schedule.

4.

“, whether in Hong Kong or elsewhere"; and by inserting after subsection (2) the following—

"(3) For the purposes of subsections (1) and (2), the written permission of a public body specified in the Schedule to the soliciting or accepting of any advantage by its employees shall, without prejudice to the generality of the defence of lawful authority or reasonable excuse, constitute a reasonable excuse.".

Section 12 of the principal Ordinance is amended-

(a) in subsection (1)(a) by deleting "$100,000" in both places where

it occurs and substituting the following-

"$500,000";

(b) in subsection (1)(b) by deleting "$50,000" and substituting the

following-

"$100,000"; and

Amendment of section 4.

Amendment of section 12.