1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 34

1987 Ed.]

Prevention of Bribery

[CAP. 201

30. (1) Any person who, without lawful authority or reason- able excuse, discloses to any person who is the subject of an inves- tigation in respect of an offence alleged or suspected to have been committed by him under this Ordinance the fact that he is subject to such an investigation or any details of such investigation, or dis- closes to any other person either the identity of any person who is the subject of such an investigation or any details of such an investigation, shall be guilty of an offence and shall be liable on conviction to a fine of $20,000 and to imprisonment for 1 year.

(2) Notwithstanding anything in subsection (1), the Commis- sioner may disclose the identity of any person if-

(a) he has failed to comply with a notice under section

14(1)(a) or (b);

(b) a restraining order has been served on any person under

section 14C(3);

(c) his residence has been searched under a warrant issued

under section 17;

(d) he has been required to surrender any travel document

under section 17A; or

(e) a warrant for his arrest has been issued under section 18.

(Amended, 9 of 1974, s. 13)

30A. (1) Save as provided in subsection (2)—–

(a) no information for an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceeding; and

(b) no witness in any civil or criminal proceeding shall be

obliged-

(i) to disclose the name or address of any informer who has given information to the Commissioner with respect to an offence under this Ordinance or of any person who has assisted the Commissioner in any way with respect to such an offence; or

(ii) to answer any question if the answer thereto would lead, or wound tend to lead, to discovery of the name or address of such informer or person,

if, in either case, such informer or person is not himself a witness in such proceeding,

and, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain an entry in which any such informer or person is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery.

(2) If in any proceeding before a court for an offence under this Ordinance the court, after full inquiry into the case, is satisfied that

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Offence to disclose identity. etc. of persons being investigated.

Protection of informers.

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