Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 14

Power to obtain information

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1A) The Commissioner or an investigating officer may, for the purpose of an
investigation into, or proceedings relating to, an offence suspected to have
been committed by any person under this Ordinance, make an ex parte
application to the Court of First Instance in chambers for an order under
subsection (1). (Added 48 of 1996 s. 6. Amended 25 of 1998 s. 2)

(1B) The Court of First Instance shall not make an order under subsection (1)
unless on an ex parte application made to it under subsection (1A) it is
satisfied that there are reasonable grounds for suspecting that- (Amended 25
of 1998 s. 2)

   (a)  in the case of an application relating to subsection (1)(c), that the
        information to be required from the person being the subject of the
        application is likely to be relevant to the investigation or the
        proceedings;

   (b)  in the case of an application relating to subsection (1)(d) or

   (e)  , that the person being the subject of the application has or may
        reasonably have access to information likely to be relevant to the
        investigation or the proceedings. (Added 48 of 1996 s. 6)

(1) Where on an application under subsection (1A) the Court of First Instance
is satisfied that there are reasonable grounds for suspecting that an offence
under this Ordinance has been committed it may make an order authorizing the
Commissioner by a notice in writing to require- (Replaced 48 of 1996 s. 6.
Amended 25 of 1998 s. 2)

   (a)  such person to furnish to the investigating officer specified in such
        notice a statutory declaration or, as the Commissioner sees fit, a
        statement in writing, enumerating-

        (i)    the property, being property in such categories or classes of
               property, movable or immovable, as may be specified in such
               notice, belonging to or possessed by, or which at any time
               during the 3 years immediately preceding the date of such
               notice or during such shorter period as may be specified in
               such notice belonged to or was possessed by, such person, his
               agents or trustees, specifying in respect of each property
               enumerated whether it is or was possessed jointly (and, if so,
               with whom) or severally; and specifying the date upon which,
               and the person from whom, each such property was acquired and
               whether by purchase, gift, bequest, inheritance or otherwise,
               and, where it was acquired by purchase, specifying the
               consideration paid therefor; and in respect of any property
               enumerated which has been disposed of, whether by sale, gift or
               otherwise, at any time during the 3 years immediately preceding
               the date of the notice or such shorter period as aforesaid,
               specifying how and to whom the same was disposed of and, where
               it was disposed of by sale, specifying the consideration given
               therefor; (Amended 50 of 1987 s. 6)

        (ii)   all expenditure incurred by such person in respect of himself,
               his spouse, parents or children with regard to living expenses
               and other private expenditure during any period specified in
               such notice (not, however, being a period commencing earlier
               than 3 years from the date of the notice);

        (iii)  all liabilities incurred by such person, his agents or
               trustees, at such time or during such period as may be
               specified in such notice (not, however, being a time or a
               period commencing earlier than 3 years from the date of the
               notice), and specifying in respect of each such liability
               whether it was incurred jointly (and, if so, with whom) or
               severally; (Amended 28 of 1980 s. 7)

   (b)  such person to furnish to the investigating officer specified in such
        notice a statutory declaration or, as the Commissioner sees fit, a
        statement in writing of any money or other property sent out of Hong
        Kong by him or on his behalf during such period as may be specified in
        the notice; (Amended 50 of 1987 s. 14)

   (c)  any other person to furnish to the investigating officer specified in
        such notice a statutory declaration or, as the Commissioner sees fit,
        a statement in writing enumerating the property, being property in
        such categories or classes of property, movable or immovable, as may
        be specified in such notice, belonging to or possessed by him and
        further stating, in respect of each such property, the date upon which
        and the person from whom it was acquired, if the Commissioner believes
        that such information may assist the investigation or proceedings;
        (Amended 50 of 1987 s. 6)

   (d)  any other person whom the Commissioner believes to be acquainted with
        any facts relevant to such investigation or proceedings to furnish to
        the investigating officer specified in such notice all information in
        his possession or to which he may reasonably have access

(not being information readily available to the public) respecting such
matters as are specified in the notice or, as the Commissioner sees fit, to
appear before the investigating officer specified in such notice or such other
person specified in the notice and to answer orally on oath or affirmation any
questions relevant thereto; and, on demand by the investigating officer
specified in such notice or such other person, to produce or deliver or
otherwise furnish to him the original or a copy of any document in his
possession or under his control or to which he may reasonably have access (not
being a document readily available to the public) which, in the opinion of the
investigating officer specified in such notice or such other person, may be
relevant to such investigation or proceedings; for the purposes of this
paragraph the investigating officer specified in such notice or such other
person shall have authority to administer any oath or take any affirmation;
(Amended 28 of 1980 s. 7)

   (e)  the person in charge of any public body or any department, office or
        establishment of any public body to produce or furnish to the
        investigating officer specified in such notice any document or a copy,
        certified by the person in charge, of any document which is in his
        possession or under his control or to which he may reasonably have
        access

(not being a document readily available to the public); (Amended 28 of 1980 s.
7)

   (f)  the manager of any bank to give to the investigating officer specified
        in such notice copies of the accounts of such person or of his spouse,
        parents or children at the bank as shall be named in the notice.

(2) Without prejudice to the generality thereof, the powers conferred by
subsection (1)(d) include the power to require information from, and to
require the attendance for the purpose of answering questions of-

   (a)  any person, or any employee of any person, who has acted for or is
        acting for any party to any particular land or property transaction;
        and

   (b)  any person, or any employee of any person, who was concerned in the
        passing of any consideration, brokerage, commission or fee, or in the
        clearing or collection of any cheque or other instrument of exchange,
        respecting any particular land or property transaction, as to any of
        the following matters, that is to say-

        (i)    the full names (including aliases) and addresses of any of the
               persons referred to in paragraphs (a) and (b) and any other
               information in his possession which may be helpful in
               identifying or locating any such person;

        (ii)   any consideration, brokerage, commission or fee paid or
               received in respect of or in connection with any such land or
               property transaction; and

        (iii)  the terms and conditions of any such land or property
               transaction.

(3) A notice under subsection (1) shall be served on the person to whom it is
addressed either personally or by registered post addressed to his last known
place of business or residence.

(4) Every person on whom a notice under subsection (1) is served shall,
notwithstanding the provisions of other Ordinance or rule of law to the
contrary save only the provisions of section 4 of the Inland Revenue 
Ordinance ( Cap 112), comply with the terms of that notice within such time as
may be specified therein or within such further time as the Commissioner may,
in his discretion, authorize, and any person on whom such a notice has been
served, who, without reasonable excuse, neglects or fails so to comply shall
be guilty of an offence and shall be liable on conviction to a fine of $20000
and to imprisonment for 1 year. (Amended 25 of 1998 s. 2)

(5) A person who wilfully makes any false statement in answer to a notice
under subsection (1) shall be guilty of an offence and shall be liable to a
fine of $20000 and to imprisonment for 1 year. (Added 9 of 1974 s. 6) (Amended
9 of 1974 s. 6)