Prevention of Corruption Act · 2019 Revised Edition · Part · Offences
11. Bribery of member of public body
Official textFrom Attorney General's Chambers, unchanged
Any person who offers to a member of any public body, or being a member of any public body solicits or accepts any gratification as an inducement or reward for —
public body
“public body” includes — (a) the Government of Brunei Darussalam; (b) any department, or service or undertaking of the Government of Brunei Darussalam; (c) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Brunei Darussalam or any part thereof relating to local Government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to the Government or money raised by rates, taxes or charges in pursuance of any written law in force in Brunei Darussalam; (d) any board, commissioners, committee or other body specified in the Schedule; (e) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c) or (d), has controlling power or interest.
the member voting or abstaining from voting at any meeting of the public body in favour of or against any measure, resolution or question submitted to the public body;
the member performing, or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;
the member aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or
Prevention of Corruption
the member showing or forbearing to show any favour or disfavour in his capacity as a member, notwithstanding that the member did not have the power, right or opportunity so to do, show or forbear, or that the inducement or reward was not in relation to the affairs of the public body, 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);
public body
Defined · s 2“public body” includes — (a) the Government of Brunei Darussalam; (b) any department, or service or undertaking of the Government of Brunei Darussalam; (c) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Brunei Darussalam or any part thereof relating to local Government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to the Government or money raised by rates, taxes or charges in pursuance of any written law in force in Brunei Darussalam; (d) any board, commissioners, committee or other body specified in the Schedule; (e) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c) or (d), has controlling power or interest.
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