Chapter:	201	Title:	PREVENTION OF BRIBERY ORDINANCE	Gazette Number:	14 of 2003
Section:	2	Heading:	Interpretation	Version Date:	09/05/2003

(1) In this Ordinance, unless the context otherwise requires-
"advantage" (利益) means-

(a) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e),
but does not include an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), particulars of which are included in an election return in accordance with that Ordinance; (Amended 33 of 1991 s. 2; 10 of 2000 s. 47)

(a) any ledger, ledger card, statement of account, day book, cash book, account book or other book or document whatsoever;
(b) any cheque, voucher, record card, report, letter or other document whatsoever; and
(c) any copy of anything referred to in paragraph (a) or (b), used in the ordinary business of a bank; (Replaced 28 of 1980 s. 2)

(a) any person holding an office of emolument, whether permanent or temporary, under the Government; and
(b) the following persons (to the extent that they are not persons included in paragraph (a))-
(i) any principal official of the Government appointed in accordance with the Basic Law;
(ii) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66) and any person appointed under section 5A(3) of that Ordinance;
(iii) Chairman of the Public Service Commission;
(iv) any member of the staff of the Independent Commission Against Corruption;
(v) any judicial officer holding a judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap 92) and any judicial officer appointed by the Chief Justice, and any member of the staff of the Judiciary; (Added 14 of 2003 s. 13)

(a) an employer;
(b) a beneficiary under a trust;
(c) a trust estate as though it were a person;
(d) any person beneficially interested in the estate of a deceased person;
(e) the estate of a deceased person as though it were a person; and
(f) in the case of an employee of a public body, the public body;

(a) the Government;
(b) the Executive Council;
(c) the Legislative Council;
(d) (Repealed 78 of 1999 s. 7)
(da) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(db) (Repealed 78 of 1999 s. 7)
(e) any board, commission, committee or other body, whether paid or unpaid, appointed by or on behalf of the Chief Executive or the Chief Executive in Council; and (Amended 1 of 2003 s. 3)
(f) any board, commission, committee or other body specified in Schedule 1; (Amended 20 of 1999 s. 2)

(a) in the case of a public body other than a body referred to in paragraph (aa), (b) or (c) of this definition, any member of the public body; (Amended 20 of 1999 s. 2)
(aa) in the case of a public body specified in Schedule 2-
(i) an office holder of the public body (other than an honorary office holder);
(ii) any member of any council, board, committee or other body of the public body which is vested with any responsibility for the conduct or management of the affairs of the public body; (Added 20 of 1999 s. 2)
(b) in the case of a public body which is a club or association, any member of the public body who-
(i) is an office holder of the body (other than an honorary office holder); or
(ii) is vested with any responsibility for the conduct or management of its affairs;
(c) in the case of a public body which is an educational institution established or continued in being by an Ordinance, any officer of the institution and, subject to subsection (3), any member of any council, board, committee or other body of the institution, which is itself a public body, or which-
(i) is established by or under the Ordinance relating to the institution;
(ii) is vested with any responsibility for the conduct or management of the affairs of the institution (not being affairs of a purely social, recreational or cultural nature); and
(iii) is not excluded under subsection (3),
whether the employee, officer or member is temporary or permanent and whether paid or unpaid, but-
(A) the holding of a share by a person in a company which is a public body; or
(B) the entitlement of a person to vote at meetings of a club or association which is a public body,
shall not of itself constitute that person a public servant; (Replaced 50 of 1987 s. 2)

(a) a person offers an advantage if he, or any other person acting on his behalf, directly or indirectly gives, affords or holds out, or agrees, undertakes or promises to give, afford or hold out, any advantage to or for the benefit of or in trust for any other person;
(b) a person solicits an advantage if he, or any other person acting on his behalf, directly or indirectly demands, invites, asks for or indicates willingness to receive, any advantage, whether for himself or for any other person; and
(c) a person accepts an advantage if he, or any other person acting on his behalf, directly or indirectly takes, receives or obtains, or agrees to take, receive or obtain any advantage, whether for himself or for any other person.

(a) exclude, for the purposes of the definition of "public servant" in subsection (1), any council, board, committee or other body of any educational institution specified in the notice;
(b) exclude from the definition of "public servant" any member of any council, board, committee or other body of any educational institution, who would otherwise by virtue of his membership thereof fall within that definition. (Added 50 of 1987 s. 2)