TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 245

1964 Ed.]

Legislative Council (Powers and Privileges)

PART III.-OFFENCES AND PENALTIES.

18. (1) Any person who offers to any member or officer or to any person who is an employer, a partner or in the service of any member, either directly or indirectly, any bribe, fee, com- pensation, gift or reward in order to influence such member or officer in his conduct as such member or officer or for or in respect of the promotion of or opposition to any Bill, resolu- tion, matter, rule or thing submitted to, or intended to be submitted to, the Council, shall be guilty of an offence.

(2) Any member or officer or any person who is an em- ployer, a partner or in the service of any member who de- mands, accepts or receives, directly or indirectly, any bribe, fee, compensation, gift or reward the offering of which is or would be an offence under this section shall likewise be guilty of an offence.

(3) Any person who commits an offence under this section shall be liable on conviction to imprisonment for three years or to a fine of £500 or to both such imprisonment and fine.

(4) In any proceedings against any person for an offence under this section, the court may, if it finds the offence proved.-

(a) order that the value or the amount of any bribe, fee, com- pensation, gift or reward offered or accepted or received in contravention of this section shall be forfeit; or (b) order that the amount or the value of any bribe, fee, com- pensation, gift or reward accepted or received in contra- vention of this section shall be repaid by the person accepting or receiving the same, or by the person on whose behalf the same was accepted or received, to the person from whom it was accepted or received, or to the person on whose behalf such latter person was acting.

19. Any person who-

(a) having been called upon to give evidence before the Coun- cil or an authorized committee thereof refuses to be sworn or make an affirmation; or

(b) being a witness misconducts himself; or

(c) causes an obstruction or disturbance within the precincts of the Council Chamber during a sitting of the Council or of a committee thereof; or

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[CAP. 87.

Corrupt or improper practices.

Contempt.