Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 31

Consent of Secretary for Justice required for prosecution of offences under Part II

(Past version on 30/06/1997).

(1) No prosecution for an offence under Part II shall be instituted except
with the consent of the Secretary for Justice.

(2) Notwithstanding subsection (1) of this section a person may be charged
with an offence under Part II and may be arrested therefor, or a warrant for
his arrest may be issued and executed, and any such person may be remanded in
custody or on bail notwithstanding that the consent of the Secretary for
Justice to the institution of a prosecution for the offence has not been
obtained, but no such person shall be remanded in custody or on bail for
longer than 3 days on such charge unless in the meantime the consent of the
Secretary for Justice aforesaid has been obtained. (Amended 56 of 1973 s. 4)

(3) When a person is brought before a magistrate before the Secretary for
Justice has consented to the prosecution, the charge shall be explained to the
person accused but he shall not be called upon to plead and the provision of
the law for the time being in force relating to criminal procedure shall be
modified accordingly.

(4) Neither section 7 of the Legal Officers Ordinance ( Cap 87) nor section 43
of the Interpretation and General Clauses Ordinance ( Cap 1) shall apply to or
in respect of the giving by the Secretary for Justice of his consent to the
institution of a prosecution for an offence against section 10. (Added 56 of
1973 s. 4) (Amended L.N. 362 of 1997)