TNAG-1430-FCO40-1913-Hong-Kong-Independent-Commission-Against-Corruption-(ICAC)-1985 — Page 10

SUNABV

PREVENTION OF BRIBERY

(2)

If, in

any proceedings for an offence under any section

in this Part, it is proved that the accused offered any advantage to

any other person as an inducement to or reward for or

otherwise on

account of that other person's doing or forbearing to do, or having

forborne to do, any act referred to in that section,

believing or suspecting or having reason to believe or suspect that

such other person had the power, right or opportunity SO to do or

forbear, it shal1 be no defence that such other person had no such

power, right or opportunity.

done or

12. (1)

other

Any person guilty of an offence under this Part,

than an offence under section 3, shall be liable

(a)

on

conviction on indictment

(b)

(i) for an offence under section 5, 6 or 10,

to a fine

of $1,000,000 and to imprisonment for 10 years; and

(Amended, 9 of 1974, S. 4)

(ii) for any other offence under this Part, to a fine of

$1,000,000 and to imprisonment for 7 years; and

on summary conviction imprisonment for 3 years.

to a fine of $500,000

and to

and shall be ordered to pay to such person or public body and in

such manner as the court directs, the amound or value of any

advantage received by him, or such part thereof as the court may

specify. (Amended, 28 of 1980, s. 5)

(2)

Any person guilty of an offence under section

section 3 shall be

liable on conviction to a fine of $250,000 and to imprisonment for 1

year, and shall be ordered to pay to the Crown in such manner as the

court directs the amount or value of the advantage received by him

or such part thereof as the court may specify. (Amended, 9 of 1974,

S. 4 and 28 of 1980, s. 5a)

Daco 1A