Prevention of Corruption Act · 2019 Revised Edition · Part · Offences
10. Bribery of member of legislature
Official textFrom Attorney General's Chambers, unchanged
Any person who offers to a member of the Legislative Council, the
Council of Ministers or the Privy Council, or, being a member thereof, solicits or accepts, any gratification as an inducement or reward for his doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour in his capacity as member, notwithstanding that —
gratification
“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
the member did not have the power, right or opportunity so to do, show or forbear;
the member did not in fact so do, show or forbear; or
the inducement or reward was not in relation to the affairs of the Legislative Council, the Council of Ministers or the Privy
Council, as the case may be, is guilty of an offence and liable on conviction to a fine of $30,000 and imprisonment for 7 years.
Terms defined in s 2
gratification
Defined · s 2“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
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