Page:Prevention of Corruption Ordinance, 1948.pdf/5

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SUPPLEMENT NO. 1, JULY, 30, 1948.
177

Presumption of corruption in certain cases.
6 & 7 Geo. V, c. 64, s. 2.
11. Where in any proceedings against a person for an offence under this Ordinance, it is proved that any money, gift, or other consideration has been paid or given to or received by a person in the employment whether permanent or temporary and whether paid or unpaid of His Majesty or any Government Department or a public body by or from a person, or agent of a person, holding or seeking to obtain a contract from His Majesty or from the Government of Hong Kong or from any Government Department or public body, the money, gift, or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in section 3 or section 4 unless the contrary is proved.

Special rules of evidence. 12. It is hereby declared that in any trial or inquiry by a magistrate or a court in respect of an offence against this Ordinance it may be proved and taken into consideration by such magistrate or court that an accused person—

(a) is in possession or has disposed of pecuniary resources or property disproportionate to his known sources of income for which he cannot satisfactorily account; or
(b) has at or about the time of an alleged offence obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account.

Repeal of sections 2, 3 and 4 of Ordinance No. 1 of 1898. 13. Sections 2, 3 and 4 of the Misdemeanors Punishment Ordinance, 1898, are hereby repealed.

Passed the Legislative Council of Hong Kong, this 28th day of July, 1948.

Alastair Todd,
Deputy Clerk of Councils.