PREVENTION OF BRIBERY ORDINANCE
Title
PREVENTION OF BRIBERY ORDINANCE
Description
LAWS OF HONG KONG
PREVENTION OF BRIBERY ORDINANCE
CHAPTER 201
CHAPTER 201
PREVENTION OF BRIBERY ORDINANCE
ARRANGEMENT OF SECTIONS
Section ............................. Page
PART I
PRELIMINARY
1. Short title................................ ... ... ... ... ... ... 3
2. Interpretation.............................. ... ... ... ... ... ... ... 3
PARTII
OFFENCES
3. Soliciting or accepting an advantage ....... ... ... ... ... ... ... ... 6
4. Bribery ................................... ... ... ... ... ... ... ... 6
5. Bribery for giving assistance, etc. in regard to contracts ... ... ... ... ... 8
6. Bribery for procuring withdrawal of tenders ... ... ... ... ... ... ... 8
7. Bribery in relation to auctions ......... ... ... ... ... ... ... ... ... 8
8. Bribery of public servants by persons having dealings with public bodies ... ... 9
9. Corrupt transactions with agents ............. ... ... ... ... ... ... 9
10.....................Possession of unexplained property ... ... ... ... ... ... ... ... ... 10
11. Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried
out, etc . ............................... ... ... ... ... ... ... ... 10
12..............Penalty for offences ......... ... ... ... ... ... ... ... ... ... ... 11
12AA. Confiscation of assets .................. ... ... ... ... ... ... ... ... 12
12AB. Appeal against confiscation order .... ... ... ... ... ... 1 ... ... 13
12AC. Costs in proceedings on confiscation order ... ... ... ... ... ... ... 13
12A. Conspiracy ............................... ... ... ... ... ... ... ... 14
PART 111
POWERS OF INVESTIGATION
13..................Special powers of investigation ... ... ... ... ... ... ... ... ... ... 14
14..................Power to obtain information ... ... ... ... ... ... ... ... ... ... 15
14A......................Restriction on disposal of property, etc . ... ... ... ... ... ... ... ... 18
14B. Reversal or variation of Commissioner's decision ... ... ... ... ... ... ... 19
14C. Restraining orders 20
14D. Variation and revocation of restraining orders 21
14E. Application for directions 22
15. Legal advisers and privileged information ... ... ... ... ... ... ... ... ... 22
16. Powers of search, and to obtain assistance ... ... ... ... ... ... ... ... 23
17. Further powers of search and seizure ... ... ... ... ... ... ... ... ... ... 24
17A. Surrender of travel document ... ... ... ... ... ... ... ... ... ... ... 24
17B. Return of travel documents ... ... ... ... ... ... ... ... ... ... ... ... 25
17C. Further provisions relating to security, appearance, etc . ... ... ... ... ... ... 27
18. Bail from persons about to leave Hong Kong after commencement of
investigations ... ... ... ... ... ... ... ... ... ... ... ... ... ... 28
Section..................................... Page
PART IV
EVIDENCE
19................Custom not to be a defence ... ... ... ... ... ... ... ... ... ... ... 30
20. Admissibility of accused's declarations and statements ... ... ... ... ... ... 30
21.........................Evidence of pecuniary resources or property ... ... ... ... ... ... ... 30
21A......................Certificate as to official emoluments, etc . ... ... ... ... ... ... ... ... 31
22. Person giving or receiving bribe not to be regarded as an accomplice ... ... ... 31
23.........................Power to secure evidence of parties to offences ... ... ... ... ... ... ... 31
24............Burden of proof ................. ... ... ... ... ... ... ... ... ... 32
25.........................Presumption of corruption in certain cases ... ... ... ... ... ... ... 32
26.........................Comment on failure of accused to give evidence ... ... ... ... ... ... ... 32
PART V
MISCELLANEOUS
27.........................................Frivolous, false or groundless complaints to be reported to the Attorney General 32
28............Costs on acquittal ............. ... ... ... ... ... ... ... ... ... ... 32
29....................................Ofrence of making a false report of the commission of offence, etc. ... ... 32
30..................................Ofrence to disclose identity, etc. of persons being investigated ... ... ... 33
30A...............Protection of informers .... ... ... ... ... ... ... ... ... ... ... 33
31.........................................Consent of Attorney General required for prosecution of offences under Part 11 34
31A......................Time limit for prosecution of offences ... ... ... ... ... ... ... ... 34
32...........................Alternative convictions, and amending particulars ... ... ... ... ... ... 35
33...........................Effect of conviction of an ofrence under this Ordinance ... ... ... ... ... 35
33A...............................Power of court to prohibit employment of convicted person ... ... ... ... 35
34.........................................Extension of certain provisions in relation to offences under repealed Ordinance 36
35................Amendment of Schedule ....... ... ... ... ... ... ... ... ... ... 36
Schedule. Public bodies...................... ... ... . ... ... ... ... ... ... ... 37
CHAPTER 201
PREVENTION OF BRIBERY
To make further and better provision for the prevention of bribery and
for purposes necessary thereto or connected therewith.
[14 May 1971.1
PART 1
PRELIMINARY
1. This Ordinance may be cited as the Prevention of Bribery
Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires
'advantage' means
(a)any gift, loan, fee, reward or commission consisting of money
or of any valuable security or of other property or interest in
property of any description;
(b) any office, employment or contract;
(c)any payment, release, discharge or liquidation of any loan,
obligation or other liability, whether in whole or in part;
(d)any other service, or favour (other than entertainment),
including protection from any penalty or disability incurred or
apprehended or from any action or proceedings of a
disciplinary, civil or criminal nature, whether or not already
instituted;
(e)the exercise or forbearance from the exercise of any right or
any power or duty; and
any offer, undertaking or promise, whether conditional or
unconditional, of any advantage within the meaning of any of
the preceding paragraphs (a), (b), (c), (d) and (e);
,,agent' includes a public servant and any person employed by or
acting for another;
'banker's books' means
(a)any ledger, ledger card, statement of account, day book, cash
book, account book or other book or document whatsoever;
(b)any cheque, voucher, record card, report, letter or other
document whatsoever; and
(c) any copy of anything referred to in paragraph (a) or (b),
used in the ordinary business of a bank; (Replaced, 28 of 1980s.2)
'child' includes a child who is illegitimate or adopted, a foster child and
a step-child;
'Commissioner' means the person appointed by the Governor to be in
charge of the Independent Commission Against Corruption and
includes the Deputy Commissioner; (Added, 9 of 1974, s.2)
'company books' means the annual return and balance sheets and any
ledger, day book, cash book, account book, bank book, report,
letter or other book or document used in the ordinary business of a
company; (Amended, 28 of 1980, s. 2)
'court' includes a magistrate hearing proceedings with a view to
committal for trial under section 85 of the Magistrates Ordinance;
'Crown servant' means a person holding an office of emolument,
whether permanent or temporary, under the Crown in right of the
Government;
'document' includes any register, book, record, tape-recording, any
form of computer input or output, and any other material (whether
produced mechanically, electrically, or manually or by any other
means whatsoever); (Added, 28 of 1980,s. 2)
,,entertainment' means the provision of food or drink, for consumption
on the occasion when it is provided, and of any other entertainment
connected with, or provided at the same time as, such provisions;
'investigating officer' means any person authorized by the
Commissioner to exercise the powers of an investigating officer
under this Ordinance; (Added, 9 of 1974, s. 2)
'parents' includes parents-in-law and step-parents;
'principal' includes
(a) an employer;
(b) a beneficiary under a trust;
(c) a trust estate as though it were a person;
(d) any person beneficially interested in the estate of a
deceased person;
(e) the estate of a deceased person as though it were a person;
and
(f) in the case of an employee of a public body, the public
body;
public body' means-
(a) the Government;
(b) the Executive Council;
(c) the Legislative Council;
(d) the Urban Council;
(da) any District Board; (Added, 42 of 1981, s. 27)
(db) the Regional Council; (Added, 39 of 1985, s. 60)
(e) any board, commission, committee or other body, whether
paid or unpaid, appointed by or on behalf of the Governor
or the Governor in Council; and
(f) any board, commission, committee or other body specified
in the Schedule; Schedule.
public servant' means any employee of a public body and-
(a)in the case of a public body other than a body referred to in
paragraph (b) or (c) of this definition, any member of the public
body;
(b)in the case of a public body which is a club or association, any
member of the public body who
(i) is an office holder of the body (other than an honorary
office holder); or
(ii) is vested with any responsibility for the conduct or
management of its affairs;
(c)in the case of a public body which is an educational institution
established or continued in being by an Ordinance, any officer
of the institution and, subject to subsection (3), any member of
any council, board, committee or other body of the institution,
which is itself a public body, or which
(i) is established by or under the Ordinance relating to the
institution;
(ii) is vested with any responsibility for the conduct or
management of the affairs of the institution (not being affairs
of a purely social, recreational or cultural nature); and
(iii) is not excluded under subsection (3),
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 11
OFFENCES
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)
(a)performing or abstaining from performing, or having
performed or abstained from performing, any act in his
capacity as a public servant;
(b)expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the perform-
ance of an act, whether by that public servant or by any
other public servant in his or that other public servant's
capacity as a public servant; or
(e)assisting, favouring, hindering or delaying, or having
assisted, favoured, hindered or delayed, any person in the
transaction of any business with a public body,
shall be guilty of an offence.
(2) Any public servant who, whether in Hong Kong or else-
where, without lawful authority or reasonable excuse, solicits or
accepts any advantage as an inducement to or reward for or
otherwise on account of his- (Amended, 28 of 1980, s. 3)
(a)performing or abstaining from performing, or having
performed or abstained from performing, any act in his
capacity as a public servant;
(b)expediting, delaying, hindering or preventing, or having
expedited, delayed, hindered or prevented, the perform-
ance of an act, whether by himself or by any other public
servant in his or that other public servant's capacity as a
public servant; or
(c)assisting, favouring, hindering or delaying, or having
assisted, favoured, hindered or delayed, any person in the
transaction of any business with a public body,
shall be guilty of an ofrence.
(3) If a public servant other than a Crown servant solicits or
accepts an advantage with the permission of the public body of
which he is an employee being permission which complies with
subsection (4), neither he nor the person who offered the advantage
shall be guilty of an offence under this section. (Added, 28 of 1980,
s.3)
(4) For the purposes of subsection (3) permission shall be in
writing and-
(a)be given before the advantage is offered, solicited or
accepted; or
(b)in any case where an advantage has been offered or
accepted without prior permission, be applied for and
given as soon as reasonably possible after such offer or
acceptance,
and for such permission to be effective for the purposes of subsection
(3), the public body shall, before giving such permission, have regard
to the circumstances in which it is sought.(Added, 28 of 1980, s. 3)
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.
(2) Any person who, without lawful authority or reasonable excuse,
solicits or accepts any advantage as an inducement to or reward for or
otherwise on account of his refraining or having refrained from bidding
at any auction conducted by or on behalf of any public body, shall be
guilty of an offence.
8. (1) Any person who, without lawful authority or reasonable
excuse, while having dealings of any kind with the Government through
any department, office or establishment of the Government, offers any
advantage to any Crown servant employed in that department, office or
establishment of the Government, shall be guilty of an offence.
(2) Any person who, without lawful authority or reasonable excuse,
while having dealings of any kind with any other public body, offers any
advantage to any public servant employed by that public body, shall be
guilty of an offence.
9. (1) Any agent who, without lawful authority or reasonable
excuse, solicits or accepts any advantage as an inducement to or reward
for or otherwise on account of his
(a)doing or forbearing to do, or having done or forborne to do,
any act in relation to his principal's affairs or business; or
(b)showing or forbearing to show, or having shown or forborne
to show, favour or disfavour to any person in relation to his
principal's affairs or business,
shall be guilty of an offence.
(2) Any person who, without lawful authority or reasonable excuse,
offers any advantage to any agent as an inducement to or reward for or
otherwise on account of the agent's
(a)doing or forbearing to do, or having done or forborne to do,
any act in relation to his principal's affairs or business; or
(b)showing or forbearing to show, or having shown or forborne
to show, favour or disfavour to any person in relation to his
principal's affairs or business,
shall be guilty of an offence.
(3) Any agent who, with intent to deceive his principal, uses any
receipt, account or other document
(a) in respect of which the principal is interested; and
(b)which contains any statement which is false or erroneous or
defective in any material particular; and
(c)which to his knowledge is intended to mislead the principal,
shall be guilty of an offence.
(4) If an agent solicits or accepts an advantage with the permission
of his principal, being permission which complies with subsection (5),
neither he nor the person who offered the advantage shall be guilty of an
offence under subsection (1) or (2). (Replaced, 28 of 1980, s. 4)
(5) For the purposes of subsection (4) permission shall-
(a)be given before the advantage is offered, solicited or accepted;
or
(b)in any case where an advantage has been offered or accepted
without prior permission, be applied for and given as soon as
reasonably possible after such offer or acceptance,
and for such permission to be effective for the purposes of subsection
(4), the principal shall, before giving such permission, have regard to the
circumstances in which it is sought. (Added, 28 of 1980, s. 4)
10. (1) Any person who, being or having been a Crown servant
(a)maintains a standard of living above that which is
commensurate with his present or past official emoluments; or
(b)is in control of pecuniary resources or property
disproportionate to his present or past official emoluments,
shall, unless he gives a satisfactory explanation to the court as to how he
was able to maintain such a standard of living or how such pecuniary
resources or property came under his control, be guilty of an offence.
(2) Where a court is satisfied in proceedings for an offence under
subsection (1)(b) that, having regard to the closeness of his
relationship to the accused and to other circumstances, there is reason
to believe that any person was holding pecuniary resources or property
in trust for or otherwise on behalf of the accused or acquired such
resources or property as a gift from the accused, such resources or
property shall, until the contrary is proved, be presumed to have been in
the control of the accused. (Deleted, 56 of 1973, s. 2. Added, 9 of 1974,
s. 3)
(3)-(4) [Deleted, 56 of 1973, s.2]
s a pension or
(5) In this section, 'official emoluments includes gratuity payable
under the Pensions Ordinance or the Pension Benefits Ordinance.
(Amended, 36 of 1987, s. 44)
11. (1) If, in any proceedings for an offence under any section in
this Part, it is proved that the accused accepted any advantage,
believing or suspecting or having grounds to believe or suspect that the
advantage was given as an inducement to or reward for or otherwise on
account of his doing or forbearing to do, or having done or forborne to
do, any act referred to in that section, it shall be no defence that
(a)he did not actually have the power, right or opportunity so to
do or forbear;
(b)he accepted the advantage without intending so to do or
forbear; or
(c) he did not in fact so do or forbear.
(2) If, in any proceedings for an offence under any section in this
Part, it is proved that the accused offered any advantage to any other
person as an inducement to or reward for or otherwise on account of
that other person's doing or forbearing to do, or having done or
forborne to do, any act referred to in that section, believing or
suspecting or having reason to believe or suspect that such other
person had the power, right or opportunity so to do or forbear, it shall
be no defence that such other person had no such power, right or
opportunity.
12. (1) Any person guilty of an offence under this Part, other than
an offence under section 3, shall be liable
(a) on conviction on indictment-
(i) for an offence under section 10, to a fine of $1,000,000
and to imprisonment for 10 years;
(ii) for an offence under section 5 or 6, to a fine of $500,000
and to imprisonment for 10 years; and
(iii) for any other offence under this Part, to a fine of
$500,000 and to imprisonment for 7 years; and (Replaced, 50 of
1987, s. 3)
(b) on summary conviction-
(i) for an offence under section 10, to a fine of $500,000 and
to imprisonment for 3 years; and
(ii) for any other offence under this Part, to a fine of
$100,000 and to imprisonment for 3 years, (Replaced, 50 of
1987, s. 3)
and shall be ordered to pay to such person or public body and in such
manner as the court directs, the amount or value of any advantage
received by him, or such part thereof as the court may specify.
(Amended, 28 of 1980, s. 5)
(2) Any person guilty of an offence under section 3 shall be liable
on conviction to a fine of $100,000 and to imprisonment for 1 year, and
shall be ordered to pay to the Crown in such manner as the court directs
the amount or value of the advantage received by him or such part
thereof as the court may specify. (Amended, 9 of 1974, s. 4 and 28 of
1980, s. 5)
(3) In addition to any penalty imposed under subsection (1), the
court may order a person convicted of an offence under section 10(1)(b)
to pay to the Crown
(a)a sum not exceeding the amount of the pecuniary resources; or
(b) a sum not exceeding the value of the property,
the acquisition of which by him was not explained to the satisfaction of
the court. (Added, 9 of 1974, s. 4)
(4) An order under subsection (3) may be enforced in the same
manner as a judgment of the Supreme Court in its civil jurisdiction.
(Added, 9 of 1974, s. 4)
(5) An order may be made under subsection (3) in respect of an
offence under section 10(1)(b) where the facts that gave rise to that
offence arose before 15 February 1974. (Added, 61 of 1980, s.2)
12AA. (1) Subject to this section, where a person is convicted on
indictment of an offence under section 10(1)(b) the court may, in
addition to any penalty imposed under section 12(1), order the
confiscation of any pecuniary resources or property
(a)found at the trial to be in his control as provided in section 10;
and
(b)of an amount or value not exceeding the amount or value of
pecuniary resources or property the acquisition of which by
him was not explained to the satisfaction of the court.
(2) Any application for an order under subsection (1) shall be made
by the Attorney General within 28 days after the date of the conviction.
(3) An order under subsection (1) shall not be made in respect of
pecuniary resources or property held by a person other than the person
convicted unless that other person has been given reasonable notice
that such an order may be made and has had an opportunity to show
cause why it should not be made.
(4) An order under subsection (1) shall not be made in respect of
pecuniary resources or property held by a person other than the person
convicted if that other person satisfies the court in any proceedings to
show cause under subsection (3) that he had
(a)acted in good faith as regards the circumstances in which the
pecuniary resources or property came to be held by him; and
(b)so acted in relation to the pecuniary resources or property that
an order in the circumstances would be unjust.
(5) Nothing in subsection (4) shall be construed as limiting the
court's discretion to decline to make an order under subsection (1) on
grounds other than those specified in subsection (4).
(6) An order under subsection (1)-
(a)may be made subject to such conditions as the court thinks fit
in all the circumstances of the case; and
(b)may be made in respect of an offence under section 1 10(1)(b)
where the facts that gave rise to that offence occurred before
the date of commencement of the Prevention of Bribery
(Amendment) Ordinance 1987.
(7) A court may make orders under both subsection (1) and section
12(3) in respect of the same offence but shall not make orders under both
provisions in respect of the same pecuniary resources or property.
(8) An order under subsection (1) may make provision for taking
possession of pecuniary resources or property to which the order
applies and for the disposal of such resources or property by or on
behalf of the Crown.
(Added, 50 of 1987, s. 4)
12AB. (1) Subject to this section, where an order is made under
section 12AA in respect of pecuniary resources or property held by a
person other than the person convicted, that other person may, within
28 days after the date of making the order, appeal against the order to
the Court of Appeal.
(2) On an appeal under this section the Court of Appeal may
(a) confirm the order, with or without modification; or
(b)quash the order and make such other order (if any) under
section 12AA as it thinks appropriate.
(3) Proceedings under this section shall not operate as a stay of
execution of an order unless the court which makes the order or the
Court of Appeal otherwise orders and any stay of execution may be
subject to such conditions as to costs, the giving of security or
otherwise as the court or the Court of Appeal thinks fit.
(4) Subject to this section, an appeal shall be brought in such
manner and shall be subject to such conditions as are prescribed by
rules made under subsection (5).
(5) The Chief Justice may make rules of procedure for the purposes
of this section.
(6) Nothing in this section shall prejudice or affect the right of a
convicted person to appeal against his sentence under Part IV of the
Criminal Procedure Ordinance.
(Added, 50 of 1987, s. 4)
12AC. (1) The court or the Court of Appeal, as the case may be,
may, if it thinks fit, award to any person his reasonable costs in respect
of any proceedings before it in relation to
(a) the making of an order under section 12AA; or
(b) an appeal under section 12AB,
where such an order is not made or is quashed.
(2) Any costs awarded under subsection (1)-
(a)shall, except where the amount is fixed by the court or the
Court of Appeal, be ascertained by the Registrar of the
Supreme Court; and
(b) shall be paid from general revenue.
(Added, 50 of 1987, s. 4)
12A. (1) Any person convicted of conspiracy to commit an offence
under this Part shall be dealt with and punished in like manner as if
convicted of such offence and any rules of evidence which apply with
respect to the proof of any such offence shall apply in like manner to the
proof of conspiracy to commit such offence.
(2) The powers of investigation conferred by Part 111 of this
Ordinance shall apply with respect to a conspiracy to commit an offence
under this Ordinance in like manner as they apply to the investigation of
any such offence.
(Added, 28 of 1980, s. 6)
PART 111
POWERS OF INVESTIGATION
13. (1) Where it appears to the Commissioner that an offence under
this Ordinance may have been committed by any person, he may for the
purposes of an investigation of such offence authorize in writing any
investigating officer to exercise the following powers on the production
by him of the authorization- (Amended, 9 of 1974,s.5)
(a)to investigate and inspect any share account, purchase
account, club account, subscription account, investment
account, trust account, mutual or trust fund account, expense
account, bank account or other account of whatsoever kind or
description, any safe-deposit box, and any banker's books or
company books, of or relating to any person named or
othewise identified in such authorization;
(b)to require from any person the production of any accounts,
books, documents, safe-deposit box or other article of or
relating to any person named or otherwise identified in such
authorization which may be required for the purpose of such
investigation and the disclosure of all or any information
relating thereto, and to take copies of such accounts, books or
documents or of any relevant entry therein and photographs
of any such box (including the contents thereof) or other
article. (Amended, 50 of 1987, s.5)
(2)(a) Every authorization given under subsection (1) shall be
deemed also to authorize the investigating officer to require
from any person information as to whether or not
at any bank, company or other place there is any account,
book, document, safe-deposit box or other article liable to
investigation, inspection or production under such
authorization. (Amended, 9 of 1974, s. 5 and 50 of 1987,s. 5)
(b)A requirement under paragraph (a) shall be made in writing
and any statement therein as to the existence of the
appropriate authorization under subsection (1) shall be
accepted as true without further proof of the fact.
(3) Any person who, having been lawfully required under this
section to disclose any information or to product any accounts, books,
documents, safe-deposit box or other article to an investigating officer
authorized under subsection (1), shall, notwithstanding the provisions
of any other law to the contrary save only the provisions of section 4 of
the Inland Revenue Ordinance, comply with such requirement, and any
such person who fails or neglects, without reasonable excuse, so to do,
and any person who obstructs any such investigating officer in the
execution of the authorization given under subsection (1), shall be guilty
of an offence and shall be liable on conviction to a fine of $20,000 and to
imprisonment for 1 year. (Amended, 9 of 1974, s. 5)
(4) Any person who falsely represents that an appropriate
authorization has been given under subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $20,000 and to
imprisonment for 1 year.
14. (1) In the course of any investigation into, or proceedings
relating to, an offence alleged or suspected to have been committed by
any person under this Ordinance, the Commissioner may by written
notice require
(a)such person to furnish to the investigating officer specified in
such notice a statutory declaration or, as the Commissioner
sees fit, a statement in writing, enumerating
(i) the property, being property in such categories or classes
of property, movable or immovable, as may be specified in
such notice, belonging to or possessed by, or which at any
time during the 3 years immediately preceding the date of such
notice or during such shorter period as may be specified in
such notice belonged to or was possessed by, such person,
his agents or trustees, specifying in respect of each property
enumerated whether it is or was possessed jointly (and, if so,
with whom) or severally; and specifying the date upon which,
and the person from whom, each such property was acquired
and whether by purchase, gift, bequest, inheritance or
otherwise, and, where it was acquired by purchase, specifying
the consideration paid therefor; and in respect of any property
enumerated which has been disposed of, whether by sale, gift
or otherwise, at any time during the 3 years immediately
preceding the date of the notice or such shorter
period as aforesaid, specifying how and to whom the same was
disposed of and, where it was disposed of by sale, specifying
the consideration given therefor; (Amended, 50 of 1987, s. 6)
(ii) all expenditure incurred by such person in respect of
himself, his spouse, parents or children with regard to living
expenses and other private expenditure during any period
specified in such notice (not, however, being a period
commencing earlier than 3 years from the date of the notice);
(iii) all liabilities incurred by such person, his agents or
trustees, at such time or during such period as may be
specified in such notice (not, however, being a time or a period
commencing earlier than 3 years from the date of the notice),
and specifying in respect of each such liability whether it was
incurred jointly (and, if so, with whom) or severally;
(Amended, 28 of 1980, s. 7)
(b)such person to furnish to the investigating officer specified in
such notice a statutory declaration or, as the Commissioner
sees fit, a statement in writing of any money or other property
sent out of Hong Kong by him or on his behalf during such
period as may be specified in the notice; (Amended, 50 of
1987, s. 14)
(c)any other person to furnish to the investigating officer
specified in such notice a statutory declaration or, as the
Commissioner sees fit, a statement in writing enumerating the
property, being property in such categories or classes of
property, movable or immovable, as may be specified in such
notice, belonging to or possessed by him and further stating,
in respect of each such property, the date upon which and the
person from whom it was acquired, if the Commissioner
believes that such information may assist the investigation or
proceedings; (Amended, 50 of 1987, s.6)
(d)any other person whom the Commissioner believes to be
acquainted with any facts relevant to such investigation or
proceedings to furnish to the investigating officer specified in
such notice all information in his possession or to which he
may reasonably have access (not being information readily
available to the public) respecting such matters as are
specified in the notice or, as the Commissioner sees fit, to
appear before the investigating officer specified in such notice
or such other person specified in the notice and to answer
orally on oath or affirmation any questions relevant thereto;
and, on demand by the investigating officer specified in such
notice or such other person, to produce or deliver or otherwise
furnish to him the original or a copy of any document in his
possession or under his control or to which he may reasonably
have access (not being a document
ment readily available to the public) which, in the opinion
of the investigating officer specified in such notice or such
other person, may be relevant to such investigation or
proceedings; for the purposes of this paragraph the investi-
gating officer specified in such notice or such other person
shall have authority to administer any oath or take any
affirmation; (Amended, 28 of 1980, s. 7)
(e)the person in charge of any public body or any depart-
ment, office or establishment of any public body to pro-
duce or furnish to the investigating officer specified in such
notice any document or a copy, certified by the person in
charge, of any document which is in his possession or
under his control or to which he may reasonably have
access (not being a document readily available to the
public); (Amended, 28 of 1980, s. 7)
(f)the manager of any bank to give to the investigating officer
specified in such notice copies of the accounts of such
person or of his spouse, parents or children at the bank as
shall be named in the notice.
(2) Without prejudice to the generality thereof, the powers
conferred by subsection (1)(d) include the power to require informa-
tion from, and to require the attendance for the purpose of answer-
ing questions of-
(a)any person, or any employee of any person, who has acted
for or is acting for any party to any particular land or
property transaction; and
(b)any person, or any employee of any person, who was
concerned in the passing of any consideration, brokerage,
commission or fee, or in the clearing or collection of any
cheque or other instrument of exchange, respecting any
particular land or property transaction,
as to any of the following matters, that is to say-
(i)the full names (including aliases) and addresses of any of
the persons referred to in paragraphs (a) and (b) and any
other information in his possession which may be helpful in
identifying or locating any such person;
(ii)any consideration, brokerage, commission or fee paid or
received in respect of or in connection with any such land
or property transaction; and
(iii)the terms and conditions of any such land or property
transaction.
(3) A notice under subsection (1) shall be served on the person
to whom it is addressed either personally or by registered post
addressed to his last known place of business or residence.
(4) Every person on whom a notice under subsection (1) is
served shall, notwithstanding the provisions of any other law to the
contrary save only the provisions of section 4 of the Inland Revenue
Ordinance, comply with the terms of that notice within such time as may
be specified therein or within such further time as the Commissioner
may, in his discretion, authorize, and any person on whom such a notice
has been served, who, without reasonable excuse, neglects or fails so to
comply shall be guilty of an offence and shall be liable on conviction to
a fine of $20,000 and to imprisonment for year.
(5) A person who wilfully makes any false statement in answer to a
notice under subsection (1) shall be guilty of an offence and shall be
liable to a fine of $20,000 and to imprisonment for 1 year. (Added, 9 of
1974, s. 6)
(Amended, 9 of 1974, s. 6)
14A. (1) The Commissioner may, by written notice. to a person who
is the subject of an investigation in respect of an offlence alleged or
suspected to have been committed under this Ordinance or against
whom a prosecution for such offence has been instituted, direct that
such person shall not dispose of or otherwise deal with any property
specified in such notice without the consent of the Commissioner.
(1AA) A notice under subsection (1) shall, unless it otherwise
provides, apply to the income from any property specified therein as it
applies to the property itself. (Added, 50 of 1987, s. 7)
(IA) Where any property specified in a notice under subsection (1)
includes any debt or obligation due by a bank or deposittaking company
to the person to whom the notice is given the Commissioner may serve
on such bank or deposit-taking company a copy of that notice, which
copy notice shall have the effect of directing the bank or deposit-taking
company not to pay any money to the person specified in the copy
notice without the consent of the Commissioner. (Added, 28 of 1980, s.
8)
(2) A notice under subsection (1)-
(a)may be served by delivering it personally to the person to
whom it is addressed or may, where the District Court is
satisfied that such person cannot be found or is not in Hong
Kong, be served in such other manner as the District Court may
direct on application ex parte by or on behalf of the
Commissioner;
(b)shall have effect from the time of service and, subject to
subsection (3), shall continue in force for a period of 12 months
or until cancelled by the Commissioner whichever is the earlier.
(Replaced, 15 of 1976, s. 2. Amended, 50 of 1987, s. 7)
(2A) Where any property specified in a notice under subsection (1)
is immovable property, such notice shall be deemed to be an instrument
affecting immovable property and shall be registrable as such in the Land
Office under the Land Registration Ordinance in such manner as the
Land. Officer thinks fit. (Added, 28 of 1980, s.8)
(3) Where a notice under subsection (1)-
(a)is issued in respect of property of a person against whom a
prosecution for an offence under this Ordinance has been
instituted; or
(b)is in force in respect of property of a person against whom a
prosecution for such an ofrence is instituted,
the notice shall continue in force until the proceedings on such
prosecution have been finally determined and, if an order is made
against that person under section 12(3) or 12AA, until that order has
been set aside, complied with or enforced, as the case may be.
(Replaced, 50 of 1987, s. 7)
(3A) Nothing in subsection (2) or (3) shall prevent the
Commissioner from issuing a further notice in respect of the same
property. (Added, 50 of 1987, s. 7)
(4) The Commissioner may impose such terms and conditions as he
thinks fit to a consent to the disposal of or other dealing with any
property specified in a notice under subsection (1).
(5) A person who disposes of or otherwise deals with any property
specified in a notice under subsection (1) or a bank or deposit-taking
company which pays any money to a person specified in a copy of a
notice served on it under subsection (IA) other than in accordance with
the consent of the Commissioner shall be guilty of an offence and shall
be liable on conviction to a fine of $50,000 or the value of the property
disposed or otherwise dealt with, whichever is greater, and to
imprisonment for 3 years. (Amended, 28 of 1980, s.8)
(Added, 9 of 1974, s. 7)
14B. (1) A person on whom a notice under section 14A(1) has been
served who is aggrieved by the refusal of the Commissioner to give a
consent thereunder or by the imposition of any terms or conditions to
any such consent may at any time apply to the court for an order to
reverse or vary the decision of the Commissioner.
(2) An applicant under subsection (1) shall give to the
Commissioner such notice of the day fixed for the hearing of the
application as ajudge of the court may order.
(3) On the hearing of an application under subsection (1), the court
may
(a)reverse the decision of the Commissioner and consent to the
disposal of or other dealing with any property specified in the
notice subject to such terms and conditions as it thinks fit; or
(b)vary any of the terms and conditions imposed by the
Commissioner to a consent under section 14A(4).
(3A) Where the Commissioner has refused to give his consent
under section 14A to a person the subject of a notice under subsec
tion (1) of that section and as a result of that refusal the person is, before
the determination of any application under this section against that
refusal, unable to meet any contractual liability incurred before the
notice was served on him, that person shall, if he is not charged with an
offence arising out of the investigation or, having been so charged, is
acquitted, be entitled to compensation for any loss sustained by him as
a consequence of being unable to meet the contractual liability. (Added,
28 of 1980, s. 9)
(3B) Any compensation under subsection (3A) shall be paid from
the general revenue. (Added, 28 of 1980, s. 9)
(4) In this section and in sections 14C, 14D and 14E 'court' means
the District Court.
(Added, 9 of 1974, s. 7)
14C. (1) If, on application ex parte by or on behalf of the
Commissioner, the court is satisfied that
(a)any property is due to a person (hereinafter in this section and
in sections 14D and 14E referred to as the 'suspected person'),
who is the subject of an investigation in respect of an offence
alleged or suspected to have been committed by him under this
Ordinance or against whom a prosecution for such an offence
has been instituted, from another person (hereinafter so
referred to as the 'third party'); or
(b)a third party is holding any property for or on behalf of or to
the order of a suspected person,
the court may make an order under this subsection (hereinafter so
referred to as a 'restraining order').
(2) In making a restraining order the court may-
(a) impose such conditions; or
(b)exempt such property from the operation thereof (including
periodic payments of money),
as it thinks fit, but subject as aforesaid, the third party on whom a
restraining order is served in accordance with subsection (3) shall not
dispose of or otherwise deal with any property specified in the
restraining order save in accordance with directions of the court.
(2A) A restraining order shall, if so provided in the order, apply to
the income from any property specified therein as it applies to the
property itself. (Added, 50 of 1987, s. 8)
(3) A restraining order shall be served on the third party to whom it
is directed and on the suspected person and may be served by
delivering it to him personally or may, where the District Court is
satisfied that such person cannot be found or is not in Hong Kong, be
served in such other manner as the court may direct on application ex
parte by or on behalf of the Commissioner. (Amended, 15 of 1976, s. 3)
(3A) Where any property specified in a restraining order is
immovable property, such order shall be deemed to be an instrument
affecting land and shall be registrable as such in the Land Office under
the Land Registration Ordinance in such manner as the Land Officer
thinks fit. (Added, 28 of 1980, s. 10)
(4) Subject to subsection (5), a restraining order shall continue in
force for a period of 6 months from the making thereof, but on
application by or on behalf of the Commissioner the court may extend its
operation for periods of 3 months at a time. (Amended, 28 of 1980, s. 10)
(5) Where-
(a)a restraining order is made with respect to property of a
suspected person against whom a prosecution for an offence
under this Ordinance has been instituted; or
(b)a restraining order is in force with respect to property of a
suspected person against whom a prosecution for such an
offence is instituted,
the restraining order shall continue in force until the proceedings on
such prosecution have been finally determined and, if an order is made
against that person under section 12(3) or 12AA, until that order has
been set aside, complied with or enforced, as the case may be.
(Amended, 50 of 1987, s. 8)
(5A) Nothing in subsection (4) or (5) shall prevent the court from
making a further restraining order in respect of the same property on
application ex parte by or on behalf of the Commissioner. (Added, 50 of
1987, s. 8)
(6) A third party on whom a restraining order has been served in
accordance with subsection (3) of this section or section 14D(5) shall be
guilty of an offence and shall be liable on conviction to a fine of $50,000
or to the value of the property disposed of or otherwise dealt with,
whichever is greater, and to imprisonment for 1 year if, during the
continuance in force of the order, he knowingly disposes of or otherwise
deals with any property specified in the restraining order otherwise than
in accordance with directions of the court.
(Added, 9 of 1974, s. 7)
14D. (1) The Commissioner may at any time apply ex parte to the
court for the revocation of a restraining order.
(2) A person on whom a restraining order has been served in
accordance with section l4C(3) or subsection (5) of this section may at
any time apply to the court for an order revoking or varying the order.
(3) The applicant under subsection (2) shall give to the
Commissioner such notice of the day fixed for the hearing of the
application as a judge of the court may order.
(4) On the hearing of an application under subsection (2), the court
may
(a)revoke the order if it is satisfied that undue hardship will be
caused by its continuance in operation;
(b) vary the order in such manner as it thinks fit.
(5) Where a restraining order has been revoked or varied under
this section, notice of such revocation or the order as so varied, as the
case may be, shall be served on the third party to whom it is directed
and on the suspected person.
(Added, 9 of 1974, s. 7)
14E. (1) The suspected person or a third party on whom a
restraining order has been served in accordance with section l4C(3) or
14D(5) may at any time apply to the court for directions.
(2) The parties to any such application shall be-
(a) the suspected person and the third party; and
(b) the Commissioner.
(3) A person applying for directions under subsection (1) shall give
to each other party to the application such notice of the day fixed for the
hearing of the application as a judge of the court may order.
(4) On the hearing of an application under subsection (1), the court
may give such directions as it thinks fit.
(Added, 9 of 1974, s. 7)
15. (1) Save as is provided in this section, nothing in this Ordinance
shall require the disclosure by a legal adviser of any privileged
information, communication, book, document or other article.
(2) Subject to subsection (4), the information referred to in section
13(2) and in section 14(2) may be required from a legal adviser as from
any other person, notwithstanding that the effect of compliance with
such a requirement would be to disclose any privileged information or
communication.
(3) Subject to subsection (4), a legal adviser may be required by
notice under section 14(1)(d)
(a)to state whether, at any time during such period as is specified
in the notice, he has acted on behalf of any person named or
otherwise identified in the notice in connection with
(i) the transfer by such person of any moneys out of Hong
Kong; or
(ii) the investment by such a person within or outside Hong
Kong of any moneys; and (Amended, 50 of 1987, s. 14)
(b)if so, to furnish information in his possession with respect
thereto, being information as to
(i) the date of the transfer or investment;
(ii) the amount of the transfer or investment;
(iii) in the case of a transfer, the name and address of the
bank and the name and number (if any) of the account to
which the money was transferred;
(iv) in the case of an investment, the nature of the
investment,
notwithstanding that the effect of compliance with such a requirement
would be to disclose any privileged information or communication,
(4) Nothing in subsection (2) or (3) shall require a legal adviser to
comply with any such requirement as is specified therein to the extent to
which such compliance would disclose any privileged information or
communication which came to his knowledge for the purpose of any
proceedings, begun or in contemplation, before a court or to enable him
to give legal advice to his client.
(5) In this section 'legal adviser' means counsel or a solicitor.
(6) The protection conferred by this section on a legal adviser shall
extend to a clerk or servant of or employed by a legal adviser.
16. (1) Any investigating officer conducting an investigation into
an offence alleged or suspected to have been committed under this
Ordinance
(a)may apply to any Crown servant or any other person for
assistance in the exercise of his powers or the discharge of his
duties under this Ordinance;
(b)may for the purposes of such investigation, with the written
consent of the Commissioner and with such assistance as may
be necessary, enter and search any office, registry or other
room of or used by a public body:
Provided that the Governor may by order exempt any
office, registry or room from entry and search under the
provisions of this paragraph;
(e)may, subject to subsection (IA), detain any person found in
any office, registry or other room which he is empowered by
paragraph (b) to search until such office, registry or other room
has been searched. (Added, 28 of 1980,s.]])
(IA) A person may not be detained under subsection (1)(c) for more
than 3 hours after the investigating officer first entered unless, in the
meantime, the person so detained is arrested. (Added, 28 of 1980,s. 11)
(2) Any person who-
(a)when requested under subsection (1)(a) to render assistance,
without reasonable excuse neglects or fails to render such
assistance; or
(b)obstructs or resists any investigating officer in the exercise of
the powers of entry and search conferred by subsection (1)(b)
or in the exercise of the power to detain conferred by
subsection (1)(c), (Amended, 28 of 1980, s. 11)
shall be guilty of an offence and shall be liable on conviction to a fine of
$20,000 and to imprisonment for 1 year.
(Amended, 9 of 1974, s. 8)
17. (1) If it appears to the Commissioner that there is reasonable
cause to believe that in any premises or place, other than an office,
registry or other room of or used by a public body, there may be
anything which is or contains evidence of the commission of an offence
under this Ordinance, he may by warrant directed to an investigating
officer empower such officer to enter such premises or place, by force if
necessary, and search the same and to detain, subject to subsection
(IA), any person found in any such premises or place until such premises
or place have or has been searched. (Replaced, 15 of 1976, s. 4.
Amended, 28 of 1980, s. 12)
(IA) A person may not be detained under subsection (1) for more
than 3 hours after the investigating officer first entered unless, in the
meantime, the person so detained is arrested. (Added, 28 of 1980,s.12)
(2) Without prejudice to any other law relating to entry and search,
the chambers of counsel or the office of a solicitor are not subject to
entry and search under this section or any warrant issued under this
section except in the course of investigating an offence under this
Ordinance alleged or suspected to have been committed by that counsel
or that solicitor, as the case may be, or by his clerk or any servant
employed by him in such chambers or office.
(3) Any person who obstructs or resists the Commissioner or any
investigating officer in the exercise of the powers of entry, search and
detention under this section shall be guilty of an offence and shall be
liable on conviction to a fine of $20,000 and to imprisonment for 1 year.
(Amended, 9 of 1974, s. 9 and 28 of 1980, s. 12)
17A. (1) A magistrate may, on the application ex parte of the
Commissioner, by written notice require a person who is the subject of
an investigation in respect of an offence alleged or suspected to have
been committed by him under this Ordinance to surrender to the
Commissioner any travel document in his possession. (Amended, 50 of
1987, s. 9)
(2) A notice under subsection (1) shall be served personally on the
person to whom it is addressed.
(3) A person on whom a notice under subsection (1) is served shall
comply with such notice forthwith.
(4) If a person on whom a notice under subsection (1) has been
served fails to comply with the notice forthwith, he may thereupon be
arrested and taken before a magistrate.
(5) Where a person is taken before a magistrate under subsection
(4), the magistrate shall, unless such person thereupon complies with the
notice under subsection (1) or satisfies the magistrate that he does not
possess a travel document, by warrant commit him to prison there to be
safely kept
(a)until the expiry of the period of 28 days from the date of his
committal to prison as aforesaid; or
(b)until such person complies with the notice under subsection (1)
and a magistrate, by order in that behalf, orders and directs the
Commissioner of Correctional Services to discharge such
person from prison (which order shall be sufficient warrant for
the Commissioner of Correctional Services so to do),
(Amended, L.N. 30182)
whichever occurs first.
(6) Subject to section 17B, a travel document which is surrendered
to the Commissioner under this section may be detained for 6 months
from the date on which it was surrendered and may be detained for a
further 3 months if a magistrate, on application by the Commissioner, is
satisfied that the investigation could not reasonably have been
completed before the date of such application and authorizes such
further detention: (Amended, 50 of 1987, s. 9)
Provided that a magistrate shall not hear an application under this
subsection unless reasonable notice of the application has been given
by the Commissioner to the person who surrendered the document.
(Added, 50 of 1987, s. 9)
(6A) All proceedings before a magistrate under this section shall be
conducted in chambers. (Added, 15 of 1976, s. 5)
(6B) A notice under subsection (1) which has been served in
accordance with subsection (2) and complied with shall not thereafter be
revoked or withdrawn. (Added, 50 of 1987, s. 9)
(7) In this section and in section 1713, 'travel document' means a
passport or other document establishing the identity or nationality of a
holder. (Amended, 50 of 1987, s. 9)
(Added, 56 of 1973, s. 3. Amended, 9 of 1974, s. 10)
17B. (1) A person who has surrendered a travel document under
section 17A may at any time make written application to the
Commissioner for its return, and every such application shall contain a
statement of the grounds on which it is made.
(2) The Commissioner may-
(a)grant the application either without conditions or subject to
such conditions as to the further surrender of the travel
document and the appearance of the applicant at any time and
place in Hong Kong as may be specified by the Commissioner
in a written notice served personally on the applicant;
(b) refer the application to a magistrate; or
(c) refuse the application.
(3) The Commissioner may, before granting an application under
subsection (1)
(a) require that the applicant-
(i) deposit with the Commissioner or such other person as
he may direct such reasonable sum of money as the
Commissioner may require; or
(ii) enter into a recognizance, with such sureties, if any, as
the Commissioner may require; or
(iii) deposit such a sum of money and enter into such a
recognizance;
(b)require that the applicant or a surety, or both, deposit with the
Commissioner or such other person as he may direct any
property or document of title thereto, to be retained by the
'Commissioner or by such person until such time as any
recognizance entered into under this section is no longer
required or is forfeited and enforced.
(4) A recognizance referred to in subsection (3) shall be
conditioned for the further surrender of the travel document and for the
appearance of the applicant at such time and place as may be specified
by the Commissioner in the written notice under subsection (2), and at
such other time and place thereafter as he may specify.
(5) Where under subsection (2) the Commissioner-
(a) grants an application subject to conditions; or
(b) refuses an application,
the applicant may, within 14 days of being informed of such conditions
or refusal, as the case may be, appeal to a magistrate against the
conditions or refusal, but the lodging of any such appeal shall not of
itself affect the operation of any such conditions.
(6) Where an application under subsection (1)-
(a) is referred by the Commissioner to a magistrate; or
(b)is the subject of an appeal to a magistrate under subsection
(5),
the magistrate may, if after considering the grounds of the application
and any evidence which may be adduced in relation thereto by either
party, he is satisfied that detention of the travel document will, having
regard to all the circumstances, including the interests of the
investigation referred to in section 17A(1), cause unreasonable hardship
to the applicant, order that the travel document be returned to the
applicant, either without conditions or upon such conditions as to the
further surrender of the travel document and the appearance of the
applicant at such time and place in Hong Kong as may be specified in
the order.
(7) The provisions of subsections (3) and (4) shall apply to the
making of an order under subsection (6) as they apply to the granting of
an application under subsection (1), as if a reference in those provisions
(a) to the Commissioner were a reference to a magistrate; and
(b) to a written notice under subsection (2) were a reference to 1 an
order under subsection (6).
(8) Where a travel document returned to the applicant under this
section is subsequently surrendered by him pursuant to a notice under
subsection (2) or an order under subsection (6), the provisions of
section 17A(6) shall continue to apply in respect of the, travel document
as if no return had been made to the applicant under this section.
(9) Proceedings before a magistrate under this section-
(a) shall be conducted in chambers; and
(b)shall be deemed to be proceedings which a magistrate has
power to determine in a summary way within the meaning of
sections 105 and 113(3) of the Magistrates Ordinance and,
accordingly, Part VII of that Ordinance (which relates to
appeals) shall apply, with the necessary modifications, to
appeals against an order of a magistrate under this section.
(Added, 50 of 1987, s. 10)
17C. (1) Where a person fails to comply with the terms of a notice
under section 17B(2) or an order under section 17B(6)
(a)he may be arrested and dealt with in the same manner that a
person who fails to comply with a notice under section 17A(1)
may be arrested and dealt with under section 17A(4) and (5);
and
(b)any deposit made or recognizance entered into under section
17B may be forfeited by a magistrate on application by the
Commissioner or under section 65 (which relates to the
enforcement of recognizances) of the Magistrates Ordinance.
(2) Without prejudice to section 65 of the Magistrates Ordinance,
where a magistrate declares or orders the forfeiture of a recognizance
under this section, such declaration or order may, on the application of
the Commissioner, be registered in the High Court, and thereupon the
provisions of sections 110, 111, 112, 113 and 114 (which relate to the
enforcement of recognizances) of the Criminal Procedure Ordinance shall
apply to and in relation to that recognizance.
(3) Nothing in this section shall derogate from or affect the powers
of a magistrate under section 18.
(Added, 50 of 1987, s. 10)
18. (1) If, in the course of an investigation of an offence
alleged or suspected to have been committed by any person under
this Ordinance, it appears to the Commissioner that such person is
preparing or about to leave Hong Kong, the Commissioner or any
investigating officer may apply to a magistrate for a warrant for the
apprehension of such person and his production before a magistrate;
and where, on any such application, it is made to appear to the
magistrate upon the oath of any person that there is reasonable
cause to believe that the person whose apprehension is sought is
preparing or about to leave Hong Kong and that, in all the
circumstances, the investigation could not reasonably have been
completed before the date of the application, he may issue a warrant
to apprehend such person and to cause him to be brought before a
magistrate as soon after apprehension as is practicable to be dealt
with according to subsection (3). (Amended, 9 of 1974, s. 11)
(2) The provisions with reference to the forms of warrants of
apprehension, the directions to be contained therein and the execu-
tion thereof contained in the Magistrates Ordinance shall apply,
mutatis mutandis, to warrants issued under subsection (1).
(3) On the production before a magistrate of any person
apprehended pursuant to a warrant issued under subsection (1), the
magistrate shall, unless the person apprehended can satisfy the
magistrate that he is not preparing or about to leave Hong Kong
and that he has no intention of leaving Hong Kong, offer to admit
him to bail, on his procuring or producing such surety or sureties as,
in the opinion of the magistrate, will be sufficient to ensure his
appearance on such day and at such time and place as the magistrate
decides and, thereafter, on such subsequent day, and at such time
and place on that day, as may from time to time on his appearing be
decided by a magistrate; and thereupon the magistrate shall take the
recognizance of such person and his surety or sureties conditioned
for the appearance of such person on such day and at such time and
place as that magistrate shall have decided and, thereafter, on such
subsequent day, and at such time and place on that day, as may be
decided from time to time on his appearing before a magistrate, and
that he will then surrender and not depart without leave of a
magistrate. (Amended, 50 of 1987, s. 14)
(4) In deciding the day on which a person admitted to bail
under subsection (3) is to appear or to appear again, regard shall be
had by the magistrate to the time reasonably necessary for comple-
tion of the investigation of the offence alleged or suspected to have
been committed by such person and to any special hardship to such
person likely to result from his being on bail, but the person shall not
be required to appear or to appear again on a day later than 28 days
from the date of his apprehension pursuant to the warrant issued
under subsection (1) unless the magistrate is of the opinion that,
having regard to the gravity of the offence alleged or suspected to
have been committed by such person, it is expedient to fix a later
date.
(5) If any person offered bail under this section refuses to enter
into the recognizance required or makes default in finding any surety or
sureties as may be required, the magistrate shall, by warrant, commit him
to prison there to be safely kept
(a)until he enters into such recognizance or finds such surety or
sureties, as the case may be; or
(b)until the expiry of the period of 28 days from the date of his
committal to prison as aforesaid; or
(c)until a magistrate, by order in that behalf, orders and directs
the Commissioner of Correctional Services to discharge such
person from prison (which order shall be sufficient warrant for
the Commissioner of Correctional Services so to do),
(Amended, L.N. 30182)
whichever occurs first.
(5A) A magistrate may for the purposes of this section require that
any property or document of title thereto be deposited with him or with
such other person as he may direct by the person offered bail under this
section or by any surety, or by both the person offered bail and any
surety, to be retained by the magistrate or other person with whom it is
deposited until such time as the recognizances under this section are no
longer required or are forfeited and enforced. (Added, 50 of 1987, s. 11)
(6) Without prejudice to subsection (6A), the provisions of section
62 (power to reduce or vary security), section 63 (recognizance taken out
of court), section 64 (mode of giving security and enforcement thereof)
and section 65 (enforcing recognizance for appearance) of the
Magistrates Ordinance shall apply, mutatis mutandis, to recognizances
under this section. (Amended, 50 of 1987,s. 11)
(6A) Where pursuant to this section a magistrate declares or orders
the forfeiture of a recognizance, such declaration or order may, on the
application of the Commissioner, be registered in the High Court, and
thereupon sections 110, Ill, 112, 113 and 114 (which relate to the
enforcement of recognizances) of the Criminal Procedure Ordinance shall
apply to and in relation to that recognizance. (Added, 50 of 1987, s. 11)
(7) Proceedings before a magistrate under this section shall be
deemed to be a proceeding which a magistrate has power to determine in
a summary way within the meaning of sections 105 and 113(3) of the
Magistrates Ordinance, and, accordingly, the provisions of Part VII of
that Ordinance (which relate to appeals) shall apply, mutatis mutandis,
to appeals against an order or determination of a magistrate under this
section.
(8) All proceedings before a magistrate under this section shall be
conducted in chambers.
PART IV
EVIDENCE
19. In any proceedings for an offence under this Ordinance,
it shall not be a defence to show that any such advantage as is
mentioned in this Ordinance is customary in any profession, trade,
vocation or calling.
20. In any proceedings against a person for an offence under
this Ordinance-
(a)any statutory declaration or statement in writing furnished
by him in compliance or purported compliance with the
terms of a notice served upon him under section 14(1)(a) or
(b) shall be admissible in evidence and, if such person
tenders himself as a witness, any such declaration or
statement may be used in cross-examination and for the
purpose of impeaching his credit;
(b)the fact of his failure in any respect to comply with the
terms of a notice served on him under section 14(1)(a) or
(b) may be adduced in evidence and made the subject of
comment by the court and the prosecution.
21. (1) In any proceedings against a person for an offence
under Part 11 (other than section 10), the fact that the accused was,
at or about the date of or at any time since the date of the alleged
offence, or is in possession, for which he cannot satisfactorily
account, of pecuniary resources or property disproportionate to his
known sources of income, or that he had, at or about the date of or
at any time since the date of the alleged offence, obtained an
accretion to his pecuniary resources or property for which he cannot
satisfactorily account, may be proved and may be taken by the
court-
(a)as corroborating the testimony of any witness giving
evidence in such proceedings that the accused accepted or
solicited any advantage; and
(b)as showing that such advantage was accepted or solicited
as an inducement or reward.
(2) For the purposes of subsection (1) a person accused of an
offence under Part II (other than section 10) shall be presumed to be
or to have been in possession of pecuniary resources or property, or
to have obtained an accretion thereto, where such resources or
property are or were held, or such accretion was obtained, by any
other person whom, having regard to his relationship to the accused
or to any other circumstances, there is reason to believe is or was
holding such resources or property or obtained such accretion in
trust for or otherwise on behalf of the accused or as a gift from the
accused.
21A. (1) In any proceedings against a person for an offence under
this Ordinance, a certificate purporting--- (Amended, 50 of 1987,s.12)
(a) to certify
(i) the rate of, and the total amount ot, 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)
(Added, 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 11, 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 11, 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 11 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 or carried on unless the court before which he gives
evidence considers that he has wilfully withheld evidence or given
false testimony and so certifies to the Attorney General in writing.
24. In any proceedings against a person for an offence under
this Ordinance, the burden of proving a defence of lawful authority
or reasonable excuse shall lie upon the accused.
25. Where, in any proceedings for an offence under section 4
or 5, it is proved that the accused gave or accepted an advantage, the
advantage shall be presumed to have been given and accepted as
such inducement or reward as is alleged in the particulars of the
offence unless the contrary is proved.
26. Notwithstanding any law or practice to the contrary, it
shall be lawful for the court in any proceedings for an offence under
Part 11 to comment on the failure of the accused to give evidence on
oath.
PART V
MISCELLANEOUS
27. At the conclusion of proceedings for an ofrence under this
Ordinance, the court may, if of the opinion that the complainant or
any other person has knowingly, and with intent to harm the
accused, made a false, frivolous or groundless allegation against
him, so certify in writing and transmit the certificate and the record
of the proceedings to the Attorney General.
28. Where a person is acquitted after trial before the Supreme
Court or the District Court for an offence under Part 11, the court
may award costs to that person, such costs to be taxed and paid out
of the general revenue.
29. Any person who, during the course of an investigation
into, or in any proceedings relating to, an offence alleged or
suspected to have been committed under this Ordinance,
knowingly-
(a)makes or causes to be made a false report of the commis-
sion of an offence under this Ordinance to any investigat-
ing officer specified in an authorization given under section
13; or
(b)misleads any investigating officer specified in an authoriza-
tion given under section 13,
shall be guilty of an offence and shall be liable on summary
conviction to a fine of $20,000 and to imprisonment for 1 year.
(Amended, 9 of 1974, s. 12)
30. (1) Any person who, without lawful authority or reasonable
excuse, discloses to any person who is the subject of an investigation 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 discloses 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 Commissioner
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
an informer wilfully made a material statement which he knew or believed
to be false or did not believe to be true, or if in any other proceeding a
court is of opinion that justice cannot be fully done between the parties
thereto without disclosure of the name of an informer or a person who
has assisted the Commissioner, the court may permit inquiry and require
full disclosure concerning the informer or such person.
(Added, 28 of 1980, s. 13)
31. (1) No prosecution for an offence under Part 11 shall be
instituted except with the consent of the Attorney General.
(2) Notwithstanding subsection (1) of this section a person may be
charged with an offence under Part 11 and may be arrested therefor, or a
warrant for his arrest may be issued and executed, and any such person
may be remanded in custody or on bail notwithstanding that the consent
of the Attorney General to the institution of a prosecution for the offence
has not been obtained, but no such person shall be remanded in custody
or on bail for longer than 3 days on such charge unless in the meantime
the consent of the Attorney General aforesaid has been obtained.
(Amended, 56 of 1973,s.4)
(3) When a person is brought before a magistrate before the
Attorney General has consented to the prosecution, the charge shall be
explained to the person accused but he shall not be called upon to plead
and the provision of the law for the time being in force relating to
criminal procedure shall be modified accordingly.
(4) Neither section 7 of the Legal Officers Ordinance nor section 43
of the Interpretation and General Clauses Ordinance shall apply to or in
respect of the giving by the Attorney General of his consent to the
institution of a prosecution for an offence against section 10. (Added,
56 of 1973, s. 4)
31A. (1) Notwithstanding section 26 of the Magistrates Ordinance,
a complaint may be made or an information laid in respect of an ofrence
under section 3, 14(5), 14A(5), 14C(6) or 33A within 2 years from the time
when the matter of such complaint or information respectively arose.
(2) Notwithstanding section 26 of the Magistrates Ordinance, a
complaint may be made or an information laid in respect of an offence
under section 13(3), 13(4), 29 or 30(1) within 1 year from the time when
the matter of such complaint or information respectively arose.
(3) Where a person has, before the commencement of the
Prevention of Bribery (Amendment) Ordinance 1980, committed an
offence under section 3, 13(3), 13(4), 14(5), 14A(5) l4C(6), 29 or 30(1) and,
but for this section, would not be liable to be prosecuted for that offence
by virtue of section 26 of the Magistrates Ordinance, he shall,
notwithstanding this section, not be liable to be prosecuted for that
offence.
(Added, 28 of 1980, s. 14)
32. (1) If, on the trial of any person for any offence under Part 11, it
is not proved that the accused is guilty of the offence charged but it is
proved that the accused is guilty of some other offence under Part 11,
the accused may, notwithstanding the absence of consent under section
31 in respect of such other offence, be convicted of such other offence,
and be liable to be dealt with accordingly. (Amended, 56 of 1973, s. 5)
(2) If on the trial of any person for any offence under Part II there is
any material variance between the particualrs of the offence charged and
the evidence adduced in support thereof, such variance shall not, of
itself, entitle the accused to an acquittal of the offence charged if, in the
opinion of the court, there is prima facie evidence of the commission of
that offence, and in such a case the court may, notwithstanding the
absence of consent under section 31 in respect of the particulars
supported by the evidence adduced, make the necessary amendment to
the particulars, and shall thereupon read and explain the same to the
accused and the parties shall be allowed to recall and examine on matters
relevant to such amendment any witness who may have been examined
and, subject to the provisions of subsection (3), to call any further
witness. (Amended, 56 of 1973,s.5)
(3) If an amendment is made under subsection (2) after the case for
the prosecution is closed no further witness may be called by the
prosecution other than such and on such matters only as it would, apart
from the provisions of this subsection, be permissible to call and put in
evidence in rebuttal.
(4) Nothing in this section shall exclude the application of any
other law whereby a person may be found guilty of an offence other
than that with which he is charged.
33. Any person convicted of an offence under this Ordinance shall,
by reason of such conviction, be disqualified for a period of 10 years
from the date of such conviction from- (Amended, 4 of 1982,s.4)
(a) [Deleted, 4 of 1982, s. 4
(b)being or being elected or appointed as a member of the
Executive Council, the Legislative Council, the Urban Council
and any other public body, other than a public body specified
in the Schedule. (Amended, 28 of 1980, s. 15)
33A. (1) Where a person has been convicted of an offence under
Part 11, a court may, on the application of the prosecution or on its own
motion, where it considers it to be in the public interest so to do, order
that the convicted person be prohibited from taking or continuing
employment, whether temporary or permanent and whether paid or
unpaid
(a)in the case where the convicted person was employed by a
corporation or a public body at the time of or prior to his
conviction, as a director or manager or in such other
capacity concerned with, whether directly or indirectly, the
management of that corporation or any public body or any
corporation that is a subsidiary of that corporation or any
public body within the meaning of section 2 of the
Companies Ordinance; or
(b)in the case where the convicted person was practising any
profession or was otherwise self-employed at the time of or
prior to his conviction, in the practice of his profession or
in the business, or class of business, in which he was so
employed, as the case may be;
(c)in other cases, as a partner or as a manager of or in such
other capacity concerned with, whether directly or in-
directly, the management of such partnership, firm or
person or such class of partnership, firm or person; and
(d) for such period not exceeding 7 years,
as the court may determine.
(2) A person in respect of whom an order under subsection (1)
has been made may at any time during the continuance in force of
the order apply to the court for the order to be varied or cancelled.
(3) On an application under subsection (2) the court shall
consider all the circumstances including any changes in the appli-
cant's circumstances since the making of the order and whether it
would be in the public interest for the order to be varied or cancelled.
(4) Not less than 7 days before the hearing of an application
under subsection (2) the person applying shall give written notice to
the Attorney General of his intentions and on any hearing of an
application the Attorney General shall have the right to appear and
be heard.
(5) Any person in respect of whom an order under subsection
(1) has been made who contravenes the order commits an offence
and is liable to a fine of $50,000 and to imprisonment for 12 months.
(Added, 28 of 1980, s. 16)
34. (1) The provisions contained in Part 111 shall apply to and
in respect of offences suspected or alleged to have been committed
under the repealed Prevention of Corruption Ordinance as they
apply to and in respect of offences suspected or alleged to have been
committed under this Ordinance.
(2) The references in sections 27, 29 and 30 to this Ordinance
shall be deemed to include a reference to the repealed Prevention of
Corruption Ordinance.
35. The Governor in Council may by order published in the
Gazette amend the Schedule.
SCHEDULE [ss. 2(1) and 35.1
PUBLIC BODIES
1. Cable and Wireless (Hong Kong) Limited. (Replaced, L.N. 75182)
2. China Light and Power Company Limited.
3. China Motor Bus Company Limited.
4. Chinese University of Hong Kong.
5.[Deleted, 28 of 1980, s. 17]
6. Cross-Harbour Tunnel Company Limited.
7. Fish Marketing Organization.
8. Hong Kong and China Gas Company Limited.
9. Hong Kong and Yaumati Ferry Company Limited.
10. Hong Kong Air Cargo Terminals Limited.
11. Hong Kong Building and Loan Agency.
12. Hong Kong Commercial Broadcasting Company Limited.
13. Hong Kong Electric Company Limited.
14. Hong Kong Export Credit Insurance Corporation.
15. Hong Kong Housing Authority.
16. Hong Kong Housing Society.
17. [Deleted, 50 of 1987, s. 131
18. Hong Kong Polytechnic.
19. Hong Kong Productivity Council.
20. Hong Kong Settlers Housing Corporation Limited.
21. Hong Kong Telephone Company Limited.
22. Hong Kong Tourist Association.
23. Hong Kong Trade Development Council.
24. Hong Kong Tramways Limited.
25. Kowloon Motor Bus Company (1933) Limited.
26. Man Transit Railway
27. Ocean Park Corporation. (Amended, 35 of 1987, s. 40)
28. Peak Tramways Company Limited.
29. Asia Television Limited. (Replaced, L.N. 31183)
30. Royal Hong Kong Jockey Club.
31. Royal Hong Kong Jockey Club (Charities) Limited.
32. 'Star' Ferry Company Limited.
33. Television Broadcasts Limited.
34. The Community Chest of Hong Kong.
35. University of Hong Kong.
36. Vegetable Marketing Organization.
37. Mass Transit Railway Corporation. (Added, 36 of 1975, s. 31)
38. The Hong Kong Industrial Estates Corporation. (Added, 17 of 1976, s. 13.
Amended, 16 of 1977, s. 43)
39. The Hong Kong Examinations Authority.(Added, 23 of 1977, s. 17)
40. Consumer Council. (Added, 56 of 1977, s. 22)
41. The Jubilee Sports Centre Board. (Added, 57 of 1977, s. 27)
42. The Vocational Training Council. (Added, 6 of 1982, s. 25)
43. The Kowloon-Canton Railway Corporation. (Added, 73 of 1982, s. 39)
44. New Lantao Bus Company (1973) Limited. (Added, L.N. 160183)
45. Hong Kong Baptist College. (Added, 50 of 1983, s. 34)
46. City Polytechnic of Hong Kong. (Added, 65 of 1983, s. 25)
47. The Hong Kong Academy for Performing Arts. (Added, 38 of 1984, s. 28)
49. Broadcasting Authority. (Added, 49 of 1987, s. 17)
50. Hong Kong Council on Smoking and Health. (Added, 56 of 1987, s. 21)
(Replaced, L.N. 272174)
51. Land Development Corporation. (Added, 71 of 1987, s. 20)
52. Securities and Futures Commission. (Added 10 of 1989s. 65)
53. The Open Learning Institute of HongKong. (Added 22 of1989 s. 20. Amended L.N. 176189)
54. HongKong Sports Development Board. (Added8 of 1990 s. 18)
Originally 102 of 1970. 56 of 1973. 9 of 1974. L.N. 272/74. 36 of 1975. 15 of 1976. 17 of 1976. 16 of 1977. 23 of 1977. 56 of 1977. 57 of 1977. 69 of 1978. 28 of 1980. 61 of 1980. 42 of 1981. 4 of 1982.L.N. 30/82. 6 of 1982. L.N. 75/82. 73 of 1982. L.N. 31/83. L.N. 160/83. 50 of 1983. 65 of 1983. 38 of 1984. 39 of 1985. 35 of 1987. 36 of 1987. 49 of 1987. 50 of 1987. 56 of 1987. L.N. 58/71. Short title. Interpretation. (Cap. 227.) Schedule. Soliciting or accepting an advantage. Bribery. Bribery for giving assistance, etc. in regard to contracts. Bribery for procuring withdrawal of tenders. Bribery in relation to auctions. Bribery of public servants by persons having dealings with public bodies. Corrupt transactions with agents. Possession of unexplained property. (Cap. 89.) (Cap. 99.) Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc. Penalty for offences. Confiscation of assets. (50 of 1987.) Appeal against confiscation order. (Cap. 221.) Costs in proceedings on confiscation order. Conspiracy. Special powers of investigation. (Cap. 112.) Power to obtain information. (Cap. 112.) Restriction on disposal of property, etc. (Cap. 128.) Reversal or variation of Commissioner's decision. Restraining orders. (Cap. 128.) Variation and revocation of restraining orders. Application for directions. Legal advisers and privileged information. Powers of search, and to obtain assistance. Further powers of search and seizure. Surrender of travel document. Return of travel documents. (Cap. 227.) Further provisions relating to security, appearance, etc. (Cap. 227.) (Cap. 221.) Bail from persons about to leave Hong Kong after commencement of investigations. (Cap. 227.) (Cap. 227.) (Cap. 221.) (Cap. 227.) Custom not to be a defence. Admissibility of accused's declarations and statements. Evidence of pecuniary resources or property. Certificate as to official emoluments, etc. (Cap. 89.) (Cap. 99.) Person giving or receiving bribe not to be regarded as in accomplice. Power to secure evidence of parties to offences. (Cap. 227.) Burden of proof. Presumption of corruption in certain cases. Comment on failure of accused to give evidence. Frivolous, false or groundless complaints to be reported to the Attorney General. Costs on acquittal. Offence of making a false report of the commissioner of offence, etc. Offence to disclose identity, etc. of persons being investigated. Protection of informers. Consent of Attorney General required for prosecution of offences under Part II. (Cap. 87.) (Cap. 1.) Time limit for prosecution of offences. (Cap. 227.) (28 of 1980.) Alternative convictions, and amending particulars. Effect of conviction of an offence under this Ordinance. Power of court to prohibit employment of convicted person. (Cap. 32.) Extension of certain provisions in relation to offences under repealed Ordinance. (Cap. 215, 1964 Ed.) Amendment of Schedule.
Abstract
Originally 102 of 1970. 56 of 1973. 9 of 1974. L.N. 272/74. 36 of 1975. 15 of 1976. 17 of 1976. 16 of 1977. 23 of 1977. 56 of 1977. 57 of 1977. 69 of 1978. 28 of 1980. 61 of 1980. 42 of 1981. 4 of 1982.L.N. 30/82. 6 of 1982. L.N. 75/82. 73 of 1982. L.N. 31/83. L.N. 160/83. 50 of 1983. 65 of 1983. 38 of 1984. 39 of 1985. 35 of 1987. 36 of 1987. 49 of 1987. 50 of 1987. 56 of 1987. L.N. 58/71. Short title. Interpretation. (Cap. 227.) Schedule. Soliciting or accepting an advantage. Bribery. Bribery for giving assistance, etc. in regard to contracts. Bribery for procuring withdrawal of tenders. Bribery in relation to auctions. Bribery of public servants by persons having dealings with public bodies. Corrupt transactions with agents. Possession of unexplained property. (Cap. 89.) (Cap. 99.) Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc. Penalty for offences. Confiscation of assets. (50 of 1987.) Appeal against confiscation order. (Cap. 221.) Costs in proceedings on confiscation order. Conspiracy. Special powers of investigation. (Cap. 112.) Power to obtain information. (Cap. 112.) Restriction on disposal of property, etc. (Cap. 128.) Reversal or variation of Commissioner's decision. Restraining orders. (Cap. 128.) Variation and revocation of restraining orders. Application for directions. Legal advisers and privileged information. Powers of search, and to obtain assistance. Further powers of search and seizure. Surrender of travel document. Return of travel documents. (Cap. 227.) Further provisions relating to security, appearance, etc. (Cap. 227.) (Cap. 221.) Bail from persons about to leave Hong Kong after commencement of investigations. (Cap. 227.) (Cap. 227.) (Cap. 221.) (Cap. 227.) Custom not to be a defence. Admissibility of accused's declarations and statements. Evidence of pecuniary resources or property. Certificate as to official emoluments, etc. (Cap. 89.) (Cap. 99.) Person giving or receiving bribe not to be regarded as in accomplice. Power to secure evidence of parties to offences. (Cap. 227.) Burden of proof. Presumption of corruption in certain cases. Comment on failure of accused to give evidence. Frivolous, false or groundless complaints to be reported to the Attorney General. Costs on acquittal. Offence of making a false report of the commissioner of offence, etc. Offence to disclose identity, etc. of persons being investigated. Protection of informers. Consent of Attorney General required for prosecution of offences under Part II. (Cap. 87.) (Cap. 1.) Time limit for prosecution of offences. (Cap. 227.) (28 of 1980.) Alternative convictions, and amending particulars. Effect of conviction of an offence under this Ordinance. Power of court to prohibit employment of convicted person. (Cap. 32.) Extension of certain provisions in relation to offences under repealed Ordinance. (Cap. 215, 1964 Ed.) Amendment of Schedule.
Identifier
https://oelawhk.lib.hku.hk/items/show/2838
Edition
1964
Volume
v14
Subsequent Cap No.
201
Number of Pages
39
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PREVENTION OF BRIBERY ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 19, 2025, https://oelawhk.lib.hku.hk/items/show/2838.
