Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 33A

Power of court to prohibit employment of convicted person

(Past version on 30/06/1997).

(1) Where a person has been convicted of an offence under Part II, a court
may, on the application of the prosecution or on its own motion, where it
considers it to be in the public interest so to do, order that the convicted
person be prohibited from taking or continuing employment, whether temporary
or permanent and whether paid or unpaid-

   (a)  in the case where the convicted person was employed by a corporation
        or a public body at the time of or prior to his conviction, as a
        director or manager or in such other capacity concerned with, whether
        directly or indirectly, the management of that corporation or any
        public  body or any corporation that is a subsidiary of that
        corporation or any public body within the meaning of section 2 of the
        Companies Ordinance ( Cap 32); or

   (b)  in the case where the convicted person was practising any profession
        or was otherwise self-employed at the time of or prior to his
        conviction, in the practice of his profession or in the business, or
        class of business, in which he was so employed, as the case may be;

   (c)  in other cases, as a partner or as a manager of or in such other
        capacity concerned with, whether directly or indirectly, the
        management of such partnership, firm or person or such class of
        partnership, firm or person; and

   (d)  for such period not exceeding 7 years, as the court may determine.

(2) A person in respect of whom an order under subsection (1) has been made
may at any time during the continuance in force of the order apply to the
court for the order to be varied or cancelled.

(3) On an application under subsection (2) the court shall consider all the
circumstances including any changes in the applicant's circumstances since the
making of the order and whether it would be in the public interest for the
order to be varied or cancelled.

(4) Not less than 7 days before the hearing of an application under subsection
(2) the person applying shall give written notice to the Secretary for Justice
of his intentions and on any hearing of an application the Secretary for
Justice shall have the right to appear and be heard. (Amended L.N. 362 of
1997)

(5) Any person in respect of whom an order under subsection (1) has been made
who contravenes the order commits an offence and is liable to a fine of $50000
and to imprisonment for 12 months. (Added 28 of 1980 s. 16)