CAP. 201]
Possession of unexplained property.
(Cap. 39.) (Cap. 99.)
Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc.
Prevention of Bribery
[1987 Ed.
(4) If an agent solicits or accepts an advantage with the permission of his principal, being permission which complies with subsection (5), neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2). 28 of 1980, s. 4)
(Replaced,
(5) For the purposes of subsection (4) permission shall-
(a) be given before the advantage is offered, solicited or accepted; or
(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance,
and for such permission to be effective for the purposes of subsection (4), the principal shall, before giving such permission, have regard to the circumstances in which it is sought. (Added, 28 of 1980, s. 4)
10. (1) Any person who, being or having been a Crown servant-
(a) maintains a standard of living above that which is commensurate with his present or past official emoluments; or
(b) is in control of pecuniary resources or property disproportionate to his present or past official emoluments,
shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence.
(2) Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property as a gift from the accused, such resources or property shall, until the contrary is proved, be presumed to have been in the control of the accused. (Deleted, 56 of 1973, s. 2. Added, 9 of 1974, s. 3)
(3)–(4) [Deleted, 56 of 1973, s.2]
(5) In this section, "official emoluments" includes a pension or gratuity payable under the Pensions Ordinance or the Pension Benefits Ordinance. (Amended, 36 of 1987, s. 44)
11. (1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defence that-
10
CAP. 201]
Possession of unexplained property.
(Cap. 39.) (Cap. 99.)
Giver and
acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc.
Prevention of Bribery
[1987 Ed.
(4) If an agent solicits or accepts an advantage with the permission of his principal, being permission which complies with subsection (5), neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2). 28 of 1980, s. 4)
(Replaced,
(5) For the purposes of subsection (4) permission shall-
(a) be given before the advantage is offered, solicited or
accepted; or
(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance,
and for such permission to be effective for the purposes of subsection (4), the principal shall, before giving such permission, have regard to the circumstances in which it is sought. (Added, 28 of 1980, s. 4)
10. (1) Any person who, being or having been a Crown
servant-
(a) maintains a standard of living above that which is com- mensurate with his present or past official emoluments; or (b) is in control of pecuniary resources or property dispropor-
tionate to his present or past official emoluments,
shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence.
(2) Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property as a gift from the accused, such resources or property shall, until the contrary is proved, be presumed to have been in the control of the accused. (Deleted, 56 of 1973, s. 2. Added, 9 of 1974, s. 3)
(3)–(4) [Deleted, 56 of 1973, s.2]
(5) In this section, "official emoluments" includes a pension or gratuity payable under the Pensions Ordinance or the Pension Benefits Ordinance. (Amended, 36 of 1987, s. 44)
11. (1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defence that-
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