63902-1919-Supplementary-Bills-read-a-first-time-- — Page 8

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A BILL

INTITULED

An Ordinance for the better Prevention of

Corruption.

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 as the Prevention of Short title. Corruption Ordinance, 1919.

of corrunt

2.-(1.) If any agent corruptly accepts or obtains, Punishment or agrees to accept or attempts to obtain, from any transactions person, for himself or for any other person, any gift or with agents. consideration as an inducement or reward for doing or (6 Edw. 7, forbearing to do, or for having after the passing of this c. 34 s. 1.) Ordinance done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

If any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the passing of this Ordinance done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his prin- cipal, any receipt, account, or other document in res- pect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal;

he shall be guilty of a misdemeanour, and shall be liable on conviction on indictment to imprisonment, for a term not exceeding two years, or to a fine not exceeding five thousand dollars, or to both such impri- sonment and such fine, or on summary conviction to imprisonment, for a term not exceeding four months, or to a fine not exceeding five hundred dollars, or to both such imprisonment and such fine.

(2.) For the purposes of this Ordinance the expres- sion consideration" includes valuable consideration of any kind; the expression "agent" includes any person employed by or acting for another; and the expression "principal" includes an employer.

(3.) A person serving under the Crown or under any corporation or any board or Committee is an agent within the meaning of this Ordinance.

any

in certain cases.

3. Where in any proceedings against a person for Presumption an offence under this Ordinance it is proved that of corruption money, gift or other consideration has been paid or given to or received by a person in the employment of

(6 & 7 Geo. 5, His Majesty or any Government Department or a c. 64 s. 2.) public body by or from a person or agent of a person, holding or seeking to obtain a contract from His Majesty or any Government Department or public body, the money, gift, or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in this Ordinance unless the contrary is proved.