1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 7

CAP. 201]

Prevention of Bribery

[1987 Ed.

whether the employee, officer or member is temporary or permanent and whether paid or unpaid, but-

(A) the holding of a share by a person in a company which is a public body; or

(B) the entitlement of a person to vote at meetings of a club or association which is a public body,

shall not of itself constitute that person a public servant; (Replaced, 50 of 1987, s. 2)

"spouse" includes a concubine.

(2) For the purposes of this Ordinance-

(a) a person offers an advantage if he, or any other person acting on his behalf, directly or indirectly gives, affords or holds out, or agrees, undertakes or promises to give, afford or hold out, any advantage to or for the benefit of or in trust for any other person;

(b) a person solicits an advantage if he, or any other person acting on his behalf, directly or indirectly demands, invites, asks for or indicates willingness to receive, any advantage, whether for himself or for any other person; and

(c) a person accepts an advantage if he, or any other person acting on his behalf, directly or indirectly takes, receives or obtains, or agrees to take, receive or obtain any advantage, whether for himself or for any other person.

(3) The Governor may by notice in the Gazette-

(a) exclude, for the purposes of the definition of "public servant" in subsection (1), any council, board, committee or other body of any educational institution specified in the notice;

(b) exclude from the definition of "public servant" any member of any council, board, committee or other body of any educational institution, who would otherwise by virtue of his membership thereof fall within that definition. (Added, 50 of 1987, s. 2)

PART II

OFFENCES

Soliciting or accepting an advantage.

Bribery.

3. Any Crown servant who, without the general or special permission of the Governor, solicits or accepts any advantage shall be guilty of an offence.

4. (1) Any person who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, offers any advantage to a public servant as an inducement to or reward for or otherwise on account of that public servant's- (Amended, 28 of 1980, s. 3)