Page:Prevention of Bribery Ordinance 1970 (Cap. 201).pdf/10

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A538
Ord. No. 102/70
PREVENTION OF BRIBERY

(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.

Penalty for offences. 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 5 or 6, to a fine of one hundred thousand dollars and to imprisonment for ten years, and
(ii) for any other offence under this Part, to a fine of one hundred thousand dollars and to imprisonment for seven years; and
(b) on summary conviction, to a fine of fifty thousand dollars and to imprisonment for three years,

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.

(2) Any person guilty of an offence under section 3 shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.

PART III.
Powers of investigation.

Special powers of investigation. 13. (1) The Attorney General, if satisfied that there are reasonable grounds for suspecting that an offence under this Ordinance has been committed by any person, may, for the purposes of an investigation into such offence, authorize in writing any police officer of or above the rank of senior inspector or any Crown servant specified in such authorization, to exercise the following powers on the production by him of the authorization—

(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 what-