Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 12

Penalty for offences

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 1 of 2003 s. 3

(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 $1000000 and to
               imprisonment for 10 years;

        (ii)   for an offence under section 5 or 6, to a fine of $500000 and
               to imprisonment for 10 years; and

        (iii)  for any other offence under this Part, to a fine of $500000 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 $500000 and to
               imprisonment for 3 years; and

        (ii)   for any other offence under this Part, to a fine of $100000 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 $100000 and to imprisonment for 1 year, and shall be
ordered to pay to the Government 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; 28 of 1980 s. 5; 1 of 2003 s. 3)

(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
Government- (Amended 1 of 2003 s. 3)

   (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 High Court in its civil jurisdiction. (Added 9 of 1974 s. 4.
Amended 25 of 1998 s. 2)

(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)