1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 9

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Bribery for

giving assistance, etc. in regard to contracts.

Bribery for procuring

withdrawal of tenders.

Bribery in relation to auctions.

CAP. 201]

Prevention of Bribery

[1987 Ed.

5. (1) Any person who, without lawful authority or reason- able excuse, offers an advantage to a public servant as an inducement to or reward for or otherwise on account of such public servant's giving assistance or using influence in, or having given assistance or used influence in-

(a) the promotion, execution, or procuring of—

(i) any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance,

or

(ii) any subcontract to perform any work, provide any service, do any thing or supply any article, material or substance required to be performed, provided, done or supplied under any contract with a public body; or

(b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any such contract or subcontract as aforesaid,

shall be guilty of an offence.

(2) Any public servant who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an induce- ment to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in-

(a) the promotion, execution or procuring of, or

(b) the payment of the price, consideration or other moneys

stipulated or otherwise provided for in,

any such contract or subcontract as is referred to in subsection (1) shall be guilty of an offence.

6. (1) Any person who, without lawful authority or reason- able excuse, offers any advantage to any other person as an induce- ment to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance, shall be guilty of an offence.

(2) Any person who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for such a contract as is referred to in subsection (1), shall be guilty of an offence.

7. (1) Any person who, without lawful authority or reason- able excuse, offers any advantage to any other person as an induce- ment to or reward for or otherwise on account of that other person's refraining or having refrained from bidding at any auction conduct- ed by or on behalf of any public body, shall be guilty of an offence.