Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 30

Offence to disclose identity, etc. of persons being investigated

(1) Any person who knowing or suspecting that an investigation in respect of
an offence alleged or suspected to have been committed under Part II is taking
place, without lawful authority or reasonable excuse, discloses to-

   (a)  the person who is the subject of the investigation (the

"subject person") the fact that he is so subject or any details of such
investigation; or

   (b)  the public, a section of the public or any particular person the
        identity of the subject person or the fact that the subject person is
        so subject or any details of such investigation, shall be guilty of an
        offence and shall be liable on conviction to a fine of $20000 and to
        imprisonment for 1 year. (Replaced 48 of 1996 s. 15)

(1A) (Repealed 48 of 1996 s. 16)

(2) Subsection (1) shall not apply as regards disclosure of any of the
descriptions mentioned in that subsection where, in connection with such
investigation-

   (a)  a warrant has been issued for the arrest of the subject person;

   (b)  the subject person has been arrested whether with or without warrant;

   (c)  the subject person has been required to furnish a statutory
        declaration or a statement in writing by a notice served on him under
        section 14(1)(a) or (b);

   (d)  a restraining order has been served on any person under section  14C
        (3);

   (e)  the residence of the subject person has been searched under a warrant
        issued under section 17; or

   (f)  the subject person has been required to surrender to the Commissioner
        any travel document in his possession by a notice served on him under
        section 17A. (Replaced 48 of 1996 s. 16)

(3) Without affecting the generality of the expression "reasonable excuse" in
subsection (1) a person has a reasonable excuse as regards disclosure of any
of the descriptions mentioned in that subsection if, but only to the extent
that, the disclosure reveals-

   (a)  any unlawful activity, abuse of power, serious neglect of duty, or
        other serious misconduct by the Commissioner, the Deputy Commissioner
        or any officer of the Commission; or

   (b)  a serious threat to public order or to the security of Hong Kong or to
        the health or safety of the public. (Replaced 48 of 1996 s. 16)
        (Amended 9 of 1974 s. 13)