632212-1898-Ordinances-Nos-2-and-3-of-1898-assented-to — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 5т¤ MARCH, 1898.

No. 3 of 1898.

An Ordinance for the more effectual Punishment

of Bribery and certain other Misdemeanors.

LS

WILSONE BLACK,

Officer Administering the Government.

[28th February, 1898.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as The Short title. Misdemeanors Punishment Ordinance, 1898.

2. In this Ordinance, unless the context otherwise re- Interpreta- quires,-

The expression "public servant" means any person holding or discharging the duties, whether perma- nently or temporarily, of any office or appointment in the Civil Service of the Colony of Hongkong, and includes every member of the Police Force: The word "bribe" includes any fee, perquisite, reward or gratification, whether pecuniary or otherwise, not payable or receivable by law.

tion of terms,

3. Every public servant who accepts, or obtains, or agrees Acceptance to accept, or attempts to obtain, or causes or procures to be of bribe. obtained, from any person, whether by himself or by any other person and whether for himself or for any other per- son, any bribe, with a view to influence his conduct as such public servant, or to incline him to do or to omit to do any act contrary to his duty as such public servant, or contrary to the rules of honesty and integrity, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, or to a fine not exceeding five hundred dollars, or to both.

4. Every person who gives or offers, or causes or pro- Offering of cures to be given or offered, to any public servant, any bribe. bribe, for himself or for any other person, with a view to influence his conduct as such public servant, or to incline him to do or to omit to do any act contrary to his duty as such public servant, or contrary to the rules of honesty and integrity, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to imprison- ment, with or without hard labour, for any term not exceeding two years, or to a fine not exceeding five hundred dollars, or to both.

meanors

5.-(1.) Where any person is convicted in the Supreme Punishment Court of a misdemeanor at common law and no punishment of misde- is provided by any Act or Ordinance for such offence, he where shall be liable to imprisonment, with or without hard labour, punishment for any term not exceeding one year, or to a fine not not other- exceeding five hundred dollars, or to both,

wise

(2.) Where any person is convicted of an offence declared specified. by any Act or Ordinance to be a misdemeanor, and the punishment for such offence is not specified, he shall be liable to imprisonment, with or without hard labour, for any term not exceeding one year, or to a fine not exceeding five hundred dollars, or to both.

6. Section 7 of Ordinance No. 2 of 1869, entitled "An Repeal of Ordinance to make further provision in relation to Criminal sect. 7 of Law and Procedure," is hereby repealed.

Passed the Legislative Council of Hongkong, this 23rd day of February, 1898.

Ord. No. 2

of 1869.

J. G. T. BUCKLE,

Clerk of Councils,

Assented to by His Excellency the Officer Administering the Government, the 28th day of February, 1898.

J. H. STEWART LOCKHART,

Colonial Secretary.

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