- (c) if such person is a public servant he shall at the discretion of the magistrate or the court be liable to be adjudged incapable of being elected or appointed to any public office for seven years from the date of his conviction, and to forfeit any such office held by him at the time of his conviction; and
- (d) in addition to be ordered to pay to his principal and in such manner as the magistrate or the court may direct, any gift or consideration or any part thereof.
Increase of maximum penalty in certain cases.
6 & 7 Geo. V. c. 64, s. 1.
6. A person convicted on indictment of an offence under section 3 or section 4 shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with His Majesty or any Government Department or any public body or a sub-contract to execute any work comprised in such a contract, be liable to imprisonment for a term not exceeding seven nor less than three years: Provided that nothing in this section shall prevent the infliction in addition to imprisonment of such punishment other than imprisonment as may be inflicted under sub-section (1) or sub-section (2) of section 5.
Savings. 7. A person shall not be exempt from punishment under this Ordinance by reason of the invalidity of the appointment or election of a person to a public office.
Restriction on prosecution.
6 Ed. 7 c. 34, s. 2.
8. A prosecution for an offence under this Ordinance shall not be instituted except by or with the consent of the Attorney General or Solicitor General.
Evidence of accomplice.
9. Notwithstanding any rule of practice or procedure to the contrary in the event of a person being charged with an offence against section 3 or section 4, a judge shall not be required to direct the jury that it is dangerous to convict on the evidence of an accomplice without corroboration in a material particular implicating the accused, but in every such case the jury shall be directed to convict if they are satisfied beyond reasonable doubt that the evidence of such accomplice is worthy of belief.
Special powers of investigation. 10.—(1) Notwithstanding anything in any other law contained, the Attorney General if satisfied that there are reasonable grounds for suspecting that an offence against this Ordinance has been committed by any person may in writing specially authorise a police officer not below the rank of Assistant Superintendent of Police to investigate any bank account, share account or purchase account of such person and such authority shall be sufficient warrant for the production of such accounts and documents as may be required for scrutiny by the officer so authorised.
(2) Any person who fails to disclose such information to a police officer so authorised shall be guilty of an offence against this Ordinance and shall be liable on summary conviction to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand dollars.
