TNAG-2089-FCO40-2974-Diplomatic-representation-of-third-countries-in-Hong-Kong-1990 — Page 171

0,

23-MAR-1990 16:44

PROTOCOL DIVISION

852 521 7621

P.03

LEGAL DEPT. 152 863 0206

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(e)

(f)

(g)

alleged and.

a9

Ramirez had no authority to charge or accept the

payments

such, was liable under S.9(1) of the Hong Kong Prevention of Bribery Ordinance, Chapter 201, which reads: "Any agent who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his

(1)

(ii)

doing or forbearing to do, or having done or forborne to do. any act in relation to his principal's affairs or business;

showing or forbearing to show, or having shown or forborne to ghow, favour or disfavour to any person in relation to his principal's affairs or business.

shall be guilty of an offence."

S.12 of that Ordinance states that any person found guilty of an offence under $.9 shall be liable to a Eine of $500,000 and to imprisonment for 7 years.

S.2 of

the Hong Kong Consular Relations Ordinance, Chapter 259 states that a "grave crime" shall be construed as meaning any offence punishable (on a first conviction) with imprisonment for a term that

may extend to five years or with a more severe

sentence.

(h) In the circumstances, an offence under S.9 of the Prevention of Bribery Ordinance is a "grave crime"

as defined by Hong Kong law.

13.