What Hong Kong Prevention of Bribery Ordinance (Cap 201) requires
The Prevention of Bribery Ordinance (Cap 201) is Hong Kong's principal anti-corruption statute. Originally enacted as Ordinance No. 102 of 1970 it was in force from 14 May 1971 and has been consolidated as Cap 201 of the Laws of Hong Kong with numerous amendments. The Ordinance is organised in five Parts. Part I provides interpretation including s. 2 definitions of advantage (broadly drafted to include money, gift, loan, fee, reward, commission, contract for services, employment, favour or discount), agent, principal, public servant, prescribed officer (civil servants in the employ of the Hong Kong Government) and public body. Part II creates the substantive offences: s. 3 (a prescribed officer who, without permission, solicits or accepts any advantage commits an offence); s. 4 (offering or accepting an advantage in connection with a public servant performing or refraining from performing an act in their official capacity); s. 5 (bribery for giving assistance in regard to contracts with the Government or public bodies); s. 6 (bribery for procuring withdrawal of tenders); s. 7 (bribery in relation to auctions); s. 8 (bribery in connection with Government affairs by persons having dealings with the Government); s. 9 (corrupt transactions with agents - the catch-all private-sector bribery offence covering both giving and accepting an advantage by an agent without the principal's permission); s. 10 (possession of unexplained property by a prescribed officer, where pecuniary resources or property are disproportionate to known sources of income). Part III sets out ICAC investigation powers in conjunction with the Independent Commission Against Corruption Ordinance Cap 204. Section 12 provides penalties: on indictment up to HKD 500,000 fine and 7 years imprisonment for ss. 3, 4-8, 10; HKD 100,000 and 1 year for s. 9; on summary trial reduced penalties. Section 14 creates a statutory presumption of corruption where an advantage is proved to have been received by a public servant or agent.
Pillar: Financial Crime, AML & Sanctions · Authority: Department of Justice (HKSAR) via HKLII (Hong Kong Legal Information Institute) mirror of e-Legislation · Version: 1.0.0 · Last updated:
Primary source: https://www.hklii.hk/eng/hk/legis/ord/201/index.html
SHA-256 integrity: 39dd0363e263aafa25c6d92d56d7294f10597f555e6ca24247366e6edf87a970
Primary Citations — 12 traced to source
- Prevention of Bribery Ordinance Cap 201, s. 2 - Interpretation (advantage, prescribed officer, public servant, agent, principal)
- Prevention of Bribery Ordinance, s. 3 - Soliciting or accepting advantage by prescribed officer
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