TNAG-0990-FCO40-1209-Allegations-of-bribery-and-corruption-in-Hong-Kong-1980 — Page 86

14.

PREVENTION OF BRIBERY (AMENDMENT) BILL

the following-

"Power of court to prohibit employment

of convicted person.

C125

principal Ordinance is amended by inserting after section 33 Addition of

33A. (1) Where a person has been convicted of an offence under Part II, a court may, on the application of the prosecution or on its own motion, where it considers it to be in the public interest so to do, order that the convicted person be prohibited from taking or continuing employment, whether temporary or permanent and whether paid or unpaid-

(a) with such corporation, body (including public body), partnership, firm or person or such class of corpora- tion, body, partnership, firm or person;

(b) for such period not exceeding 7 years; and (c) as a director, partner, manager or such other capacity concerned with, whether directly or in- directly, the management of any corporation, body, partnership or firm,

as the court may determine.

(2) A person in respect of whom an order under sub- section (1) has been made may at any time during the con- tinuance in force of the order apply to the court for the order to be varied or cancelled.

(3) On an application under subsection (2) the court shall consider all the circumstances including any changes in the applicant's circumstances since the making of the order and whether it would be in the public interest for the order to be varied or cancelled.

(4) Not less than 7 days before the hearing of an application under subsection (2) the person applying shall give written notice to the Attorney General of his intentions and on any hearing of an application the Attorney General shall have the right to appear and be heard.

(5) Any person in respect of whom an order under subsection (1) has been made who contravenes the order commits an offence and is liable to a fine of $50,000 and to imprisonment for 12 months.".

new section 33A.

15. The Schedule to the principal Ordinance is amended by deleting Amendment of "5. Commercial Television Limited.".

Schedule.

Explanatory Memorandum

This Bill amends the Prevention of Bribery Ordinance by strengthening the powers of investigation, increasing penalties for offences under Part II and making a number of improvements which experience has shown to be necessary.

2. Clause 2 of the Bill replaces the present definitions of "banker's books" and "company books" and introduces a new definition of "docu- ment". The existing definitions do not encompass reports, letters or other documents which may be used in the ordinary business of a bank or company. Experience has shown that this limitation can impede an investigation being carried out under section 13 of the principal Ordinance. The new definition of "document" includes microfilms and computer

records.