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Prevention of Bribery Ordinance (Cap. 201)

Prevention of Bribery Ordinance (Cap. 201)

Section 2 – Interpretation
"advantage" (利益) means-
(a) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or 
     interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or
     apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already
     instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of
    the preceding paragraphs (a), (b), (c), (d) and (e), but does not include an election donation within the meaning of the
    Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), particulars of which are included in an election return in 
    accordance with that Ordinance; (Amended 33 of 1991 s. 2; 10 of 2000 s. 47)

"public body" (公共機構) means-
(a)  the Government;
(b)  the Executive Council;
(c)  the Legislative Council;
(d)  (Repealed 78 of 1999 s. 7)
(da) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(db) (Repealed 78 of 1999 s. 7)
(e)  any board, commission, committee or other body, whether paid or unpaid,
      appointed by or on behalf of the Chief Executive or the Chief Executive in Council; and (Amended 1 of 2003 s. 3)
(f)  any board, commission, committee or other body specified in Schedule 1; (Amended 20 of 1999 s. 2)

"public servant" (公職人員) means any prescribed officer and also any employee of a public body and- (Amended 48 of 1996 s. 2; 14 of 2003 s. 13)
(a)  in the case of a public body other than a body referred to in paragraph (aa), (b) or (c) of this definition, any member of
      the public body; (Amended 20 of 1999 s. 2)
(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; (Added 20 of 1999 s. 2)
(b)  in the case of a public body which is a club or association, any member of the public body who-
      (i)   is an office holder of the body (other than an honorary office holder); or
      (ii)   is vested with any responsibility for the conduct or management of its affairs;
(c)  in the case of a public body which is an educational institution established or continued in being by an Ordinance, any
      officer of the institution and, subject to subsection (3), any member of any council, board, committee or other body of
      the institution, which is itself a public body, or which-
      (i)    is established by or under the Ordinance relating to the institution;
      (ii)    is vested with any responsibility for the conduct or management of the affairs of the institution (not being affairs
             of a purely social, recreational or cultural nature); and
      (iii)   is not excluded under subsection (3), whether the employee, officer or member is temporary or permanent and
              whether paid or unpaid, but-
               (A)  the holding of a share by a person in a company which is a public body; or
               (B)  the entitlement of a person to vote at meetings of a club or association which is a public body, shall not 
                     of itself constitute that person a public servant; (Replaced 50 of 1987 s. 2)

Section 4 – Bribery
(1) Any person who, whether in Hong Kong or elsewhere, without lawful authority or  reasonable excuse, offers any
     advantage to a public servant as an inducement to or reward for or otherwise on account of that public servant's-
     (Amended 28 of 1980 s. 3)
     (a) performing or abstaining from performing, or having performed or abstained from performing, any act in his 
          capacity as a public servant;
     (b) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance
          of an act, whether by that public servant or by any other public servant in his or that other public servant's capacity
          as a public servant; or
     (c) assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the
          transaction of any business with a public body, shall be guilty of an offence.

(2) Any public servant who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, solicits or 
     accepts any advantage as an inducement to or reward for or otherwise on account of his- (Amended 28 of 1980 s. 3)
     (a) performing or abstaining from performing, or having performed or abstained from performing, any act in his capacity
          as a public servant;
     (b) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance
          of an act, whether by himself or by any other public servant in his or that other public servant's capacity as a public
          servant; or
     (c) assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the
          transaction of any business with a public body, shall be guilty of an offence.

(3) If a public servant other than a prescribed officer solicits or accepts an advantage with the permission of the public body
     of which he is an employee being permission which complies with subsection (4), neither he nor the person who offered
     the advantage shall be guilty of an offence under this section. (Added 28 of 1980 s. 3. Amended 14 of 2003 s. 15)

(4) For the purposes of subsection (3) permission shall be in writing and-
     (a) be given before the advantage is offered, solicited or accepted; or
     (b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as
          soon as reasonably possible after such offer or acceptance, and for such permission to be effective for the purposes
          of subsection (3), the public body shall, before giving such permission, have regard to the circumstances in which it 
          is sought. (Added 28 of 1980 s. 3)

Section 5 – Bribery for giving assistance, etc. in regard to contracts
(1) Any person who, without lawful authority or reasonable excuse, offers an advantage to a public servant as an
     inducement to or reward for or otherwise on account of such public servant's giving assistance or using influence
     in, or having given assistance or used influence in-
     (a) the promotion, execution, or procuring of-
          (i)   any contract with a public body for the performance of any work, the providing of any service, the doing of
                any thing or the supplying of any article, material or substance, or
          (ii)  any subcontract to perform any work, provide any service, do any thing or supply any article, material or
                substance required to be performed, provided, done or supplied under any contract with a public body; or
    (b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any such contract
         or subcontract as aforesaid, shall be guilty of an offence.

(2) Any public servant who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an
     inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given
     assistance or used influence in-
     (a) the promotion, execution or procuring of, or
     (b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in, any such 
          contract or subcontract as is referred to in subsection (1) shall be guilty of an offence.

Section 6 – Bribery for procuring withdrawal of tenders
(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an
     inducement to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the
     making of a tender, for any contract with a public body for the performance of any work, the providing of any service,
     the doing of any thing or the supplying of any article, material or substance, shall be guilty of an offence.

(2) Any person who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement
     to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a
     tender, for such a contract as is referred to in subsection (1), shall be guilty of an offence.

Section 7 – Bribery in relation to auctions
(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an
     inducement to or reward for or otherwise on account of that other person's refraining or having refrained from
     bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.

(2) Any person who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement
     to or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted
     by or on behalf of any public body, shall be guilty of an offence.

Section 8 – Bribery of public servants by persons having dealings with public bodies
(1) Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with the Government
     through any department, office or establishment of the Government, offers any advantage to any prescribed officer
     employed in that department, office or establishment of the Government, shall be guilty of an offence. (Amended 14
     of 2003 s. 16)

(2) Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public
     body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence.