Page:Prevention of Bribery Ordinance 1970 (Cap. 201).pdf/9

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(4) For the purposes of subsections (1) and (2), the permission of a principal to the soliciting or accepting of any advantage by his agent shall, without prejudice to the generality of the defence of lawful authority or reasonable excuse, constitute a reasonable excuse.

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) No prosecution for an offence under subsection (1) shall be instituted without the consent in writing of the Attorney General, who shall, before consenting to the institution of a prosecution against a person for such an offence, inform that person that a prosecution against him for such an offence is under consideration and give him an opportunity of making representations in writing to the Attorney General.

(3) 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 this section.

(4) Any representations in writing made by a person to the Attorney General under subsection (2) shall not, without the consent of that person, be admissible in evidence in any proceedings against him for any offence.

(5) In this section, “official emoluments” includes a pension or gratuity payable under the Pensions Ordinance.

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.