1987 Ed.]
Prevention of Bribery
[CAP. 201
31
Certificate as to
(Amended, 50 of official
emoluments, etc.
21A. (1) In any proceedings against a person for an offence under this Ordinance, a certificate purporting
(a) to certify-
(i) the rate of, and the total amount of, official emoluments and the allowances, other than such emoluments, paid to any Crown servant in relation to the discharge by him of his duties as a Crown servant;
(ii) that any person was or was not serving at any specified time or during any specified period as a Crown servant or ceased to be a Crown servant at or before any specified time; or
(iii) that a Crown servant held or did not hold at any specified time any specified office; and
(b) to be signed by the Chief Secretary,
shall be admitted in such proceedings by any court on its production without further proof.
(2) On the production of a certificate under subsection (1) the court before which it is produced shall, until the contrary is proved, presume-
(a) that the facts stated therein are true; and
(b) that the certificate was signed by the Chief Secretary.
(3) 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; 69 of 1978, s. 2)
22. Notwithstanding any rule of law or practice to the contrary, no witness shall, in any proceedings for an offence under Part II, be regarded as an accomplice by reason only of any payment or delivery by him or on his behalf of any advantage to the person accused or, as the case may be, by reason only of any payment or delivery of any advantage by or on behalf of the person accused to him.
23. In or for the purpose of any proceedings for an offence under Part II, the court may, at the request in writing of the Attorney General, inform any person accused or suspected of such offence or of any other offence under Part II that, if he gives full and true evidence in such proceedings and, where such proceedings are proceedings held with a view to committal for trial under section 85 of the Magistrates Ordinance, in the trial before the Supreme Court of all things as to which he is lawfully examined, he will not be prosecuted for any offence disclosed by his evidence; and upon such person giving evidence in any such proceedings no prosecution against him for any offence disclosed by his evidence therein shall be instituted.
(Cap. 89.) (Cap. 99.) (Cap. 227.)
Person giving or receiving bribe not to be regarded as an accomplice.
Power to secure evidence of parties to offences.
1987 Ed.]
Prevention of Bribery
[CAP. 201
31
Certificate as to
(Amended, 50 of official
emoluments, etc.
21A. (1) In any proceedings against a person for an offence under this Ordinance, a certificate purporting 1987, s. 12)
(a) to certify-
(i) the rate of, and the total amount of, official emolu- ments and the allowances, other than such emoluments, paid to any Crown servant in relation to the discharge by him of his duties as a Crown servant;
(ii) that any person was or was not serving at any specified time or during any specified period as a Crown servant or ceased to be a Crown servant at or before any specified time; or
(iii) that a Crown servant held or did not hold at any specified time any specified office; and
(b) to be signed by the Chief Secretary,
shall be admitted in such proceedings by any court on its production without further proof.
(2) On the production of a certificate under subsection (1) the court before which it is produced shall, until the contrary is proved, presume-
(a) that the facts stated therein are true; and
(b) that the certificate was signed by the Chief Secretary.
(3) In this section, "official emoluments" includes a pension or gratuity payable under the Pensions Ordinance the Pension -Benefits-Ordinance (Amended, 36 of 1987, s. 44)
( Added, 69 of 1978, s. 2)
22. Notwithstanding any rule of law or practice to the con- trary, no witness shall, in any proceedings for an offence under Part II, be regarded as an accomplice by reason only of any payment or delivery by him or on his behalf of any advantage to the person accused or, as the case may be, by reason only of any payment or delivery of any advantage by or on behalf of the person accused to him.
23. In or for the purpose of any proceedings for an offence under Part II, the court may, at the request in writing of the Attorney General, inform any person accused or suspected of such offence or of any other offence under Part II that, if he gives full and true evidence in such proceedings and, where such proceedings are proceedings held with a view to committal for trial under section 85 of the Magistrates Ordinance, in the trial before the Supreme Court of all things as to which he is lawfully examined, he will not be prosecuted for any offence disclosed by his evidence; and upon such person giving evidence in any such proceedings no prosecution against him for any offence disclosed by his evidence therein shall be
(Cap. 89.) (Cap. 99.)
Person giving or receiving bribe not to be regarded as an accomplice.
Power to secure evidence of parties to offences.
(Cap. 227.)
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