1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 12

1987 Ed.]

Prevention of Bribery

[CAP. 201

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(a) he did not actually have the power, right or opportunity so

to do or forbear;

(b) he accepted the advantage without intending so to do or

forbear; or

(c) he did not in fact so do or forbear.

(2) If, in any proceedings for an offence under any section in this Part, it is proved that the accused offered any advantage to any other person as an inducement to or reward for or otherwise on account of that other person's doing or forbearing to do, or having done or forborne to do, any act referred to in that section, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or forbear, it shall be no defence that such other person had no such power, right or opportunity.

12. (1) Any person guilty of an offence under this Part, other than an offence under section 3, shall be liable--

(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 (Re- placed, 50 of 1987, s. 3)

(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, (Replaced, 50 of 1987, s. 3)

and shall be ordered to pay to such person or public body and in such manner as the court directs, the amount or value of any advantage received by him, or such part thereof as the court may specify. (Amended, 28 of 1980, s. 5)

(2) Any person guilty of an offence under section 3 shall be liable on conviction to a fine of $100,000 and to imprisonment for 1 year, and shall be ordered to pay to the Crown in such manner as the court directs the amount or value of the advantage received by him or such part thereof as the court may specify. (Amended, 9 of 1974, s. 4 and 28 of 1980, s. 5)

(3) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under section 10(1)(b) to pay to the Crown-

(a) a sum not exceeding the amount of the pecuniary re-

sources; or

Penalty for offences.

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