Contents of Section
|
Chapter: | 201
 | Title: | PREVENTION OF BRIBERY ORDINANCE | Gazette Number: | |
| Section: | 9 | Heading: | Corrupt transactions with agents | Version Date: | 30/06/1997 |
(1) Any agent 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-
- (a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or
(b) showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal's affairs or business,
(2) Any person who, without lawful authority or reasonable excuse, offers any advantage to any agent as an inducement to or reward for or otherwise on account of the agent's-
- (a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or
(b) showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal's affairs or business,
(3) Any agent who, with intent to deceive his principal, uses any receipt, account or other document-
- (a) in respect of which the principal is interested; and
(b) which contains any statement which is false or erroneous or defective in any material particular; and
(c) which to his knowledge is intended to mislead the principal,
(4) If an agent solicits or accepts an advantage with the permission of his principal, being permission which complies with subsection (5), neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2). (Replaced 28 of 1980 s. 4)
(5) For the purposes of subsection (4) permission shall-
- (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,