PREVENTION OF CORRUPTION ORDINANCE

PREVENTION OF CORRUPTION ORDINANCE

CHAPTER 215.

PREVENTION OF CORRUPTION.

To amend the law for the Prevention of corruption.

[30th July, 1948.]

1. This Ordinance may be cited as the Prevention of
Corruption Ordinance.

2. In this Ordinance-
'advantage' includes any office or dignity, and any for-
bearance to demand any money or money's worth or
valuable thing, and includes any aid, vote, consent, or
influence, or pretended aid, vote, consent or influence,
and also includes any promise or procurement of or
agreement or endeavour to procure, or the holding out
of any expectation of any gift, loan, fee, reward, 'or
advantage, as before defined;
'agent' includes a public servant and any person employed
by or acting for another;
consideration' includes valuable consideration of any
kind;
'person' includes a body of persons, corporate or unincor-
porate
'principal' includes an employer;
'public body' includes any executive, legislative, muni-
cipal or urban council, any Government department or
undertaking, any local or public authority or under-
taking, any board, commission committee or other body
whether paid or unpaid appointed by the Governor or
Government or which has power to act under or for the
purposes of any enactment in force in the Colony;
'public office' means any office or employment permanent
or temporary and whether paid or unpaid of a person
as a member, officer, or servant of such public body;
'public servant' means in addition to the meaning
assigned to it by the Interpretation Ordinance, any
employee or member of a public body as defined in this
Ordinance, whether temporary or permanent and
whether paid or unpaid.





3. (1) Any person who shall by himself or by or in
conjunction with any other person, corruptly solicit or re-
ceive, or agree to receive for himself, or for any other
person, any gift, loan, fee, reward, or advantage whatever
as an inducement to, or reward for, or otherwise on account
of any member, officer, or servant of a public body doing
or forbearing to do anything in respect of any matter or
transaction whatsoever, actual or proposed, in which the
said public body is concerned, shall be guilty of an offence.

(2) Any person who shall by himself or by or in con-
unction with any other person corruptly give, promise, or
offer any gift, loan, fee, reward, or advantage whatsoever
to any person, whether for the benefit of that person or of
another person, as an inducement to or reward for or other-
wise on account of any member, officer, or servant of any
public body doing or forbearing to do anything in respect
of any matter or transaction whatsoever, actual or proposed,
in which such public body as aforesaid is concerned, shall
be guilty of an offence.

4. If-
(a)any agent corruptly accepts or obtains, or agrees
to accept or attempts to obtain, from any person, for
himself or for any other person, any gift or con-
sideration as an inducement or reward for doing or
forbearing to do, or for having after the passing of
this Ordinance done or forborne to do, any act in
relation to his principal's affairs or business, or for
showing or forbearing to show favour or disfavour
to any person in relation to his principal's affairs
of business; or
(b)any person corruptly gives or agrees to give or
offers any gift or consideration to any agent as an
inducement or reward for doing or forbearing to do,
or for having after the passing of this Ordinance
done or forborne to do, any act in relation to his
principal's affairs or business, or for showing or
forbearing to show favour or disfavour to any person
in relation to his principal's affairs or business; or
(c)any person knowingly gives to any agent, or if
any agent knowingly uses with intent to deceive
his principal, any receipt, account or other docu-
ment in respect of which the principal is interested,





and which contains any statement which is false
or erroneous or defective in any material particular,
and which to his knowledge is intended to mislead
the principal;
he shall be guilty of an offence.

5. (1) Any person who commits an offence against
section 3 shall be liable-
(a)on summary conviction to a fine of five thousand
dollars and imprisonment for two years,
(b)on conviction on indictment to a fine of ten
thousand dollars and imprisonment for five years;
(c)in addition be liable to be ordered to pay to such
body, and in such manner as the magistrate or the
court directs, the amount or value of any gift,
loan, fee or reward received by him or any part
thereof;
and in the event of a second conviction for a like offence,
in addition to the foregoing penalties, be liable to be
adjudged to be incapable for seven years of being registered
as an elector of members of any public body, and any
enactment in force in the Colony for preventing the voting
and registration of persons declared by reason of corrupt
practices to be incApable of voting shall apply to a person
adjudged in pursuance of this section to be incapable of
voting.

(2) Any person committing an offence against section
4 shall be liable-
(a)on summary conviction to a fine of one thousand
dollars and imprisonment for two years;
(b)on conviction on indictment to a fine of ten
thousand dollars and imprisonment for five years,
and in addition to be ordered to pay to his principal and
in such manner as the magistrate or the court may direct,
any gift or consideration or any part thereof.

6. A person convicted on indictment of an offence
under section 3 or 4 shall, where the matter or transaction
in relation to which the offence was committed was a
contract or a proposal for a contract with His Majesty or
any Government department or any public body or a sub-
contract to execute any work comprised in such a contract,





be liable to imprisonment for a term not exceeding seven
nor less than three years : Provided that nothing in this
section shall prevent the infliction-
(a)in addition to imprisonment of such punishment
other than imprisonment as may be inflicted under
subsection (i) or (2) of section 5 ; or
(b)in lieu of the punishment provided for by this
section of any punishment which by virtue of
section 5 may be inflicted for an offence under
section 3 or 4.

7. A person shall not be exempt from punishment
under this Ordinance by reason of the invalidity of the
appointment or election of a person to a public office.

8. A prosecution under this Ordinance shall not be
instituted except by or with the consent of the Attorney
General.

9. Notwithstanding any rule of practice or procedure
to the contrary in the event of a person being charged with
an offence against section 3 or 4, a judge shall not be
required to direct the jury that it is dangerous to convict
on the evidence of an accomplice without corroboration in
a material particular implicating the accused but it shall
suffice if the judge shall give the jury such instructions
regarding the reliability of the evidence of an accomplice
as he may deem appropriate.

10. (1) Notwithstanding anything in any other law
contained, the Attorney General if satisfied that there are
reasonable grounds for suspecting that an offence against
this Ordinance has been committed by any person may in
writing specially authorize a police officer not below the
rank of assistant superintendent to investigate any bank
account, share account or purchase account of such person
and such authority shall be sufficient warrant for the
production of such accounts and documents as may be
required for scrutiny by the officer so authorized.

(2) Any person who fails to disclose such informa-
tion to a police officer so authorized shall be guilty of ail
offence and shall be liable on summary conviction to an
fine of two thousand dollars and imprisonment for one
year.





11. Where in any proceedings against a person for
an offence under this Ordinance, it is proved that any
money, gift, or other consideration has been paid or given
to or received by a person in the employment whether
permanent or temporary and whether paid or unpaid of
His Majesty or any Government department or a public.
body by or from a person, or agent of a person holding or
seeking to obtain a contract from His Majesty or from the
Government of Hong Kong or from any Government
department or public body, the money, gift, or considera-
tion shall be deemed to have been paid or given and
received corruptly as such inducement or reward as is
mentioned in section 3 or 4 unless the contrary is proved.

12. In any trial or inquiry by a magistrate or a court
in respect of an offence against this Ordinance it may be
proved and taken into consideration by such magistrate
or court that an accused person-
(a)is in possession or has disposed of pectiniary
resources or property disproportionate to his
known sources of income for which lie cannot
satisfactory account; or
(b) has at or about the time of an alleged offence
obtained an accretion to his pecuniary resources
or property for which he cannot satisfactorily
account.
39 of 1948. 46 of 1949. 9 of 1950. 24 of 1950. Short title Interpretation. 52 & 53 Vict. C. 69, s. 7. (Cap. 1. S. 3 (1)) Corruption in office an offence. 52 & 53 Vict. C. 69, s. 1. Corrupt transactions with agents an offence. 6 Edw. 7, c. 34. [s. 4 cont.] Penalty for offences. 46 of 1949, s. 2. Increase of maximum penalty in certain cases. 6 & 7 Geo. V. c. 64, s. 1. 24 of 1950, Schedule. Savings. Restriction on prosecution. 6 Edw. 7, c. 34, s. 2. Evidence of accomplice. 46 of 1949, s. 3. 9 of 1950. Schedule. Special powers of Investigation. Presumption of corruption in certain cases. 6 & 7 Geo. V. c. 64, s. 2. Special rules of evidence.

39 of 1948. 46 of 1949. 9 of 1950. 24 of 1950. Short title Interpretation. 52 & 53 Vict. C. 69, s. 7. (Cap. 1. S. 3 (1)) Corruption in office an offence. 52 & 53 Vict. C. 69, s. 1. Corrupt transactions with agents an offence. 6 Edw. 7, c. 34. [s. 4 cont.] Penalty for offences. 46 of 1949, s. 2. Increase of maximum penalty in certain cases. 6 & 7 Geo. V. c. 64, s. 1. 24 of 1950, Schedule. Savings. Restriction on prosecution. 6 Edw. 7, c. 34, s. 2. Evidence of accomplice. 46 of 1949, s. 3. 9 of 1950. Schedule. Special powers of Investigation. Presumption of corruption in certain cases. 6 & 7 Geo. V. c. 64, s. 2. Special rules of evidence.

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