Prevention of Bribery (Amendment) Bill 1999

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Amend the Prevention of Bribery Ordinance.

Enacted by the Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Prevention of Bribery (Amendment) Ordinance 1999.

(2) This Ordinance shall come into operation on a day to be appointed by the Chief Secretary for Administration by notice in the Gazette.

2. Interpretation

Section 2(1) of the Prevention of Bribery Ordinance (Cap. 201) is amended---

(a) in the definition of "public body", in paragraph (f), by repealing "the Schedule" and substituting "Schedule 1";

(b) in the definition of "public servant"---

(i) in paragraph (a), by adding "(aa)," after "paragraph";

(ii) by adding---

"(aa) in the case of a public body specified in Schedule 2---

(i) an office holder of the public body (other than an honorary office holder);

(ii) any member of any council, board, committee or other body of the public body which is vested with any responsibility for the conduct or management of the affairs of the public body;".

3. Offence to disclose identity, etc.
of persons being investigated

Section 30(2)(f) is amended by repealing "各" and substituting "向".

4. Effect of conviction of an offence
under this Ordinance

Section 33(b) is amended by repealing "the Schedule" and substituting "Schedule 1".

5. Amendment of Schedules

Section 35 is amended by repealing "Schedule" and substituting "Schedules".

6. Public bodies

The Schedule is amended---

(a) by repealing "SCHEDULE" and substituting "SCHEDULE 1";

(b) by repealing item 1 and substituting---

"1. Hong Kong Telecom International Limited.";

(c) by repealing item 3;

(d) by repealing item 4 and substituting---

"4. The Chinese University of Hong Kong.";

(e) in item 30, by repealing "Royal";

(f) by repealing item 41;

(g) by repealing item 56;

(h) by repealing item 84 (Long Win Holdings Limited) and substituting---

"84. Long Win Bus Company Limited.";

(i) by renumbering item 84 (Long-term Prison Sentences Review Board) as item 84A;

(j) by adding---

"91. The Stock Exchange of Hong Kong Limited.

92. Hong Kong Futures Exchange Limited.

93. Hong Kong Securities Clearing Company Limited.

94. The SEHK Options Clearing House Limited.

95. HKFE Clearing Corporation Limited.".

7. Schedule added

The following is added---

"SCHEDULE 2 [ss. 2(1) & 35]

Public Bodies Specified for Purposes
of Definition of "Public Servant"

1. The Stock Exchange of Hong Kong Limited.

2. Hong Kong Futures Exchange Limited.

3. Hong Kong Securities Clearing Company Limited.

4. The SEHK Options Clearing House Limited.

5. HKFE Clearing Corporation Limited.".

Explanatory Memorandum

The purpose of this Bill is---

(a) to amend the definition of "public servant" in section 2(1) of the Prevention of Bribery Ordinance (Cap. 201) so that any employee or office holder of a public body specified in Schedule 2 to the Ordinance or any member of any council, board, committee or other body of that public body vested with any responsibility for the conduct or management of the affairs of that public body is a public servant (clause 2(b));

(b) to make consequential amendments to sections 2(1) (definition of "public body"), 33(b) and 35 respectively (clauses 2(a), 4 and 5);

(c) to rectify a textual error in the Chinese text of section 30(2)(f) (clause 3);

(d) to amend the Schedule to the Ordinance to renumber it as Schedule 1, make nomenclature changes, rectify an error in the numbering of an item, and make The Stock Exchange of Hong Kong Limited, the Hong Kong Futures Exchange Limited, the Hong Kong Securities Clearing Company Limited, The SEHK Options Clearing House Limited and the HKFE Clearing Corporation Limited public bodies for the purposes of the Ordinance (clause 6);

(e) to add a Schedule 2 to the Ordinance (clause 7).