Page:Foreign Interference (Countermeasures) Act 2021.pdf/101

Rh : fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

(5) In determining whether a Member of Parliament (whether or not a political office holder) commits an offence under subsection (4), the donor’s motive for offering the political donation is irrelevant.

(6) To avoid doubt, this section does not affect section 35(2) of the Parliament (Privileges, Immunities and Powers) Act 1962 and section 11(b) of the Prevention of Corruption Act 1960.

Forfeiture of prohibited political donations, etc.

61.—(1) Where—
 * (a) any donation is made to a politically significant person;
 * (b) the donation is one which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58; and
 * (c) the politically significant person has accepted the donation, the Public Prosecutor may apply to a District Court for an order of forfeiture by the politically significant person of an amount equal to the value of the donation.

(2) Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the politically significant person concerned or the Public Prosecutor (as the case may be) may, before the end of the period of 30 days starting the date of the order or refusal to order, appeal to the Appellate Division of the High Court.

(3) An appeal under subsection (2) must be by way of a rehearing; and the Appellate Division of the High Court hearing the appeal may make such order as it considers appropriate.

(4) The standard of proof in proceedings under this section is that applicable to civil proceedings.