TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 85

C124

Addition of

new section 31A.

Amendment of section 33.

PREVENTION OF BRIBERY (AMENDMENT) BILL

(b) no witness in any civil or criminal proce

be obliged-

shall

(i) to disclose the name or address of any informer who has given information to the Com- missioner with respect to an offence under this Ordinance or of any person who has assisted the Commissioner in any way with respect to such an offence; or

(ii) to answer any question if the answer thereto would lead, or would tend to lead, to discovery of the name or address of such informer or person,

if, in either case, such informer or person is not himself a witness in such proceeding,

and, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain an entry in which any such informer or person is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery.

(2) If in any proceeding before a court for an offence under this Ordinance the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an informer or a person who has assisted the Commissioner, the court may permit inquiry and require full disclosure concerning the informer or such person.".

12. The principal Ordinance is amended by adding after section 31 the following-

Time limit for prosecution of offences. (Cap. 227.)

31A. (1) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 3, 14(4), 14(5), 14A(5), 14C(6) or 33A within 3 years from the time when the matter of such complaint or information respectively

arose.

(2) Notwithstanding section 26 of the Magistrates Ordinance, a complaint may be made or an information laid in respect of an offence under section 13(3), 13(4), 29 or 30(1) within 1 year from the time when the matter of such complaint or information respectively arose.

(3) Where a person has, before the commencement of the Prevention of Bribery (Amendment) Ordinance 1980, committed an offence under section 3, 13(3), 13(4), 14(4), 14(5), 14A(5), 14C(6), 29 or 30(1) and, but for this section, would not be liable to be prosecuted for that offence by virtue of section 26 of the Magistrates Ordinance, he shall, notwithstanding this section, not be liable to be prosecuted for that offence.".

13. Section 33(b) of the principal Ordinance is amended by inserting after "public body" the following-

", other than a public body specified in the Schedule".