TNAG-1679-FCO40-2329-Hong-Kong-Examinations-Authority-(Amendment)-Ordinance-1987-1987 — Page 16

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Ord. No. 50/87

Short title.

L.S.

PREVENTION OF BRIBERY (AMENDMENT)

HONG KONG

No. 50 of 1987

I assent.

David WILSON,

Governor.

9 July 1987

An Ordinance to amend the Prevention of Bribery Ordinance.

[10 July 1987]

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 (Amend- ment) Ordinance 1987.

Amendment of section 2.

2.

Section 2 of the principal Ordinance is amended-

(Cap. 201.)

(a) in subsection (1) by deleting the definition of "public servant" and

substituting the following-

66

""public servant" means any employee of a public body

and-

(a) in the case of a public body other than a body referred to in paragraph (b) or (c) of this definition, any member of the public body;

(b) in the case of a public body which is a club or

association, any member of the public body who-

(i) is an office holder of the body (other than an honorary office holder); or

(ii) is vested with any responsibility for the con- duct or management of its affairs;

PREVENTION OF BRIBERY (AMENDMENT)

Ord. No. 50/87

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(c) in the case of a public body which is an educational institution established or continued in being by an Ordinance, any officer of the institution and, subject to subsection (3), any member of any council, board, committee or other body of the institution, which is itself a public body, or which—

(i) is established by or under the Ordinance relating to the institution;

(ii) is vested with any responsibility for the con- duct or management of the affairs of the institution (not being affairs of a purely social, recreational or cultural nature); and

(iii) is not excluded under subsection (3), whether the employee, officer or member is tempo- rary or permanent and whether paid or unpaid, but-

(A) the holding of a share by a person in a

company which is a public body; or

(B) the entitlement of a person to vote at meetings of a club or association which is a public body,

shall not of itself constitute that person a public servant;"; and

(b) by inserting after subsection (2) the following-

"(3) The Governor may by notice in the Gazette—

(a) exclude, for the purposes of the definition of “public servant" in subsection (1), any council, board, com- mittee or other body of any educational institution specified in the notice;

3.

(b) exclude from the definition of “public servant” any member of any council, board, committee or other body of any educational institution, who would otherwise by virtue of his membership thereof fall within that definition.".

Section 12(1) of the principal Ordinance is amended by deleting Amendment of paragraphs (a) and (b) and substituting the following—

"(a) on conviction on indictment-

(i) for an offence under section 10, to a fine of $1,000,000 and to imprisonment for 10 years;

(ii) for an offence under section 5 or 6, to a fine of $500,000 and to imprisonment for 10 years; and

(iii) for any other offence under this Part, to a fine of $500,000 and to imprisonment for 7 years; and

(b) on summary conviction--

(i) for an offence under section 10, to a fine of $500,000 and to imprisonment for 3 years; and

(ii) for any other offence under this Part, to a fine of $100,000 and to imprisonment for 3 years,”.

section 12.