Part I Introductory
Division 1.—Interpretation.
1. Interpretation.
(1) In this Code, unless the contrary intention appears—”gratification” includes—
(a) money, loans, rewards or an interest in property; or
(b) an office or employment; or
(c) a payment of or release from a loan or liability; or
(d) valuable consideration of any kind; or
(e) forbearance to demand money or money’s worth; or
(f) aid, a vote, consent or influence; or
(g) a service, favour or advantage of any description whatsoever; or
(h) an offer or promise of any kind of gratification as described in Paragraphs (a) to (g) inclusive;
PART II.—Offences Against Public Order
Division 3.—Offences against the Executive and Legislative Power.
61. Member of the Parliament receiving bribes.
(1) A member of the Parliament who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on any understanding that his vote, opinion, judgement, or action in the Parliament, or any Committee of the Parliament will—
(a) be influenced by it; or
(b) be given in any particular manner or in favour of any particular side of any question or matter, is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person who commits an offence against Subsection (1) is disqualified from sitting or voting as a member of the Parliament for seven years.
(3) A person shall not be arrested without warrant for an offence against Subsection (1).
62. Bribery of member of the Parliament.
(1) A person who—
(a) in order—
(i) to influence a member of the Parliament in his vote, opinion, judgement or action on any question or matter arising in the Parliament or in any Committee of the Parliament; or
(ii) to induce a member to absent himself from the Parliament or from a Committee of the Parliament,
gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit to, on, or for the member, or to, on, or for, any other person; or
(b) attempts, directly or indirectly, by fraud, threats or intimidation of any kind, to influence a member of the Parliament in his vote, opinion, judgement or action on any such question or matter, or to induce him to so absent himself,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
(3) Where a person is convicted of an offence against this section, all property that has been tendered or produced in evidence at the trial of the offender, as being the property or part of the property which the offender in the course of the commission of the offence gave, conferred or procured, or promised or offered to give, confer or procure, or to attempt to procure, to, on, or for a member of the Parliament, or to, on, or for any other person, is forfeited to the State, whether the property is the property of the offender or of any other person.
Division 6.—Piracy.
80. Interpretation of Division 6.
(1) In this Division—
“piracy” means the act of a pirate;
“pirate” includes any person who—
(a) on the high seas commits, otherwise than as an act of war and under the authority of some foreign Prince or State, any act with respect to a ship, or any goods or merchandise belonging to a ship or laden on a ship, that, if the act were committed on land, would constitute robbery as defined in Section 384; and
(b) having on the high seas obtained possession of a ship by means of any such act, retains possession of the ship; and
(c) is declared by any law to be a pirate.
(2) A person who—
(a) at any place within the jurisdiction of the National Court commits—
(i) under colour of a commission from a foreign State or Prince, whether or not the State or Prince is at war with the Queen and Head of State; or
(ii) under pretence of authority from any person,
any act of hostility, or any act that if it were committed on land, would be robbery as defined in Section 384, against another person; or
(b) during a war adheres to or gives aid to the enemies of Papua New Guinea at any place within the jurisdiction of the National Court; or
(c) forcibly enters a ship at any place within the jurisdiction of the National Court, and throws overboard or destroys any part of the goods or merchandise belonging to the ship or laden on it; or
(d) being on board a ship at any place within the jurisdiction of the National Court—
(i) turns pirate, enemy or rebel, and piratically runs away with the ship, or any boat, ordnance, ammunition, or goods belonging to it or laden on it; or
(ii) voluntarily yields up the ship or any thing referred to in Subparagraph (i) to a pirate; or
(iii) brings a seducing message from a pirate, enemy or rebel; or
(iv) consults or conspires with, or attempts to corrupt, any master or officer of a ship, or any seaman, with intent that he should run way with or yield up any ship, goods or merchandise, turn pirate or go over to pirates; or
(v) lays violent hands on the master of the ship, with intent to hinder him from fighting in defence of the ship and goods committed to his trust; or
(vi) confines the master of the ship; or
(vii) makes, or endeavours to make, a revolt in the ship; or
(e) being on board a ship, knowingly—
(i) trades with a pirate; or
(ii) furnishes a pirate with ammunition, provisions or stores; or
(iii) fits out a ship or vessel with a design to trade with or supply, or to correspond with, a pirate; or
(iv) conspires or corresponds with a pirate,
is a pirate.
83. Aiding pirates.
A person who—
(a) brings a seducing message from a pirate; or
(b) consults or conspires with, or attempts to corrupt, any master or officer of a ship or any seaman, with intent that he should run away with or yield up any ship, goods, or merchandise, or turn pirate, or go over to pirates,
is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
Part III.—Offences Against The Administration Of Law And Justice And Against Public Authority
Division 2.—Corruption and Abuse of Office.
87. Official corruption.
(1) A person who—
(a) being—
(i) employed in the Public Service, or the holder of any public office; and
(ii) charged with the performance of any duty by virtue of that employment or office, (not being a duty touching the administration of justice),
corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of any thing done or omitted to be done, or to be done or omitted to be done by him in the discharge of the duties of his office; or
(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on or for any person, any property or benefit on account of any such act or omission on the part of a person in the Public Service or holding a public office,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years, and a fine at the discretion of the court.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
88. Extortion by public officers.
A person employed in the Public Service who takes or accepts from any person, for the performance of his duty as an officer of the Public Service any reward beyond his proper pay and emoluments, or any promise of such a reward, is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
89. Public officers interested in contracts.
A person employed in the Public Service who knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint-stock company consisting of more than 20 persons, a private interest in any contract or agreement that is made on account of the Public Service with respect to any matter concerning the Department of the Public Service in which he is employed, is guilty of a misdemeanour.
Penalty: Imprisonment for three years, and a fine at the discretion of the court.
90. Officers charged with administration of property of a special character or with special duties.
A person employed in the Public Service, who—
(a) is charged by virtue of his employment with any judicial or administrative duties respecting—
(i) any property of a special character; or
(ii) the carrying on of any manufacture, trade or business of a special character; and
(b) has acquired or holds, directly or indirectly, a private interest in any such property, manufacture, trade, or business; and
(c) discharges any such duties with respect to—
(i) the property, manufacture, trade or business in which he has the interest; or
(ii) the conduct of any person in relation to it,
is guilty of a misdemeanour.
Penalty: Imprisonment for one year, and a fine at the discretion of the court.
92. Abuse of office.
(1) A person employed in the Public Service who, in abuse of the authority of his office does, or directs to be done, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding two years.
(2) If an act prohibited by Subsection (1) is done, or directed to be done, as the case may be, for purposes of gain, the offender is liable to imprisonment for a term not exceeding three years.
93. Corruption of valuator.
A person who, being duly appointed under any law to be a valuator for determining the compensation to be paid to any person for land compulsorily taken from him under any law, or for injury done to any land under any law—
(a) acts as valuator while he has, to his knowledge, an interest in the land in question; or
(b) executes unfaithfully, dishonestly, or with partiality, the duty of making a valuation of the land or of the extent of the injury,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
97A. Corruptly procuring withdrawal of tenders.
A person who—
(a) with intent to obtain a contract from, or provide a service to, a public body, offers a gratification to another person, to induce that person to refrain from making a tender or withdraw or alter a tender; or
(b) solicits or accepts a gratification as an inducement or reward for refraining from making a tender or withdrawing or altering a tender made for such contract,
is guilty of an offence.
Penalty: A fine at the discretion of the Court or imprisonment for a term not exceeding seven years, or both.
97B. Bribery of member of Public Service.
(1) A person who offers to a person employed in the Public Service, or being a person employed in the Public Service, solicits or accepts a gratification as an inducement or reward for—
(a) the person employed in the Public Service voting or abstaining from voting at any meeting in favour of or against any measure; or
(b) the person employed in the Public Service performing or abstaining from performing or aiding in procuring or hindering the performance of an official act; or
(c) the person employed in the Public Service aiding in procuring or preventing the passing of any vote or granting of any contract in favour of any person; or
(d) the person employed in the Public Service showing or refraining from showing any favour or disfavour in his capacity as a person employed in the Public Service,
is guilty of an offence.
Penalty: A fine at the discretion of the Court or imprisonment for a term not exceeding seven years, or both.
(2) An offence under Subsection (1) is committed notwithstanding that the person employed in the Public Service had no right or opportunity to show or refrain from showing favour or that the inducement was not in relation to the affairs of the public body.
97C. Duty of person offered gratification.
(1) A person who is corruptly offered or given a gratification shall report the offer or gift at the earliest opportunity to a commissioned police officer.
(2) A person who, without reasonable excuse, fails to comply with the provisions of Subsection (1) is guilty of an offence.
Penalty: A fine not exceeding K1,000.00 or imprisonment for a term not exceeding 12 months, or both.
97D. Evidentiary provisions relating to this Division.
(1) In proceedings for an offence under this Division evidence is not admissable to show that a gratification is customary in any trade, vocation or calling.
(2) A gratification received or solicited by—
(a) a relative of; or
(b) a partner, clerk or employee of,
an agent from a person having business relations with the principal of such agent, is deemed to have been received or solicited by the agent, unless the agent proves that the gratification was received without his consent or knowledge.
(3) A gratification given or offered to—
(a) a relative of; or
(b) a partner, clerk or employee of,
an agent with the consent or knowledge of the agent, or given or offered at the request of the agent to a person having business relations with the principal of the agent, is deemed to have been offered or given to the agent.
(4) In proceedings under this Division, where a person accused—
(a) is in possession of property or pecuniary resources disproportionate to his known sources of income, for which he cannot satisfactorily account; or
(b) at or about the time of the alleged offence obtained an accretion to his property or pecuniary resources for which he cannot satisfactorily account,
that fact may be—
(c) proved and taken into account by the court; and
(d) considered as corroboration of the evidence of a witness that the accused person accepted or obtained gratification as an inducement or reward.
(5) Where the resources or property referred to in Subsection (4)(a) or an accretion thereto referred to in Section (4)(b) are held by a person whose relationship to the accused gives reasonable cause for believing that he is holding the resources, property or accretion thereto in trust or as a gift from the accused, then the accused shall be deemed to be in possession of those resources or that property or that accretion thereto.
(6) Where, in any proceedings under this Act, it is proved that a gratification has been paid to or received by a person employed in the Public Service, that gratification is deemed to have been paid and received corruptly, as an inducement or reward, unless the contrary is proved.
Part III.—Offences Against The Administration Of Law And Justice And Against Public Authority.
103. Bribery.
A person who—
(a) gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for, any person any property or benefit of any kind—
(i) on account of anything done or omitted to be done, or to be done or omitted to be done, by an elector at an election in the capacity of an elector; or
(ii) on account of any person acting or joining in a procession during an election; or
(iii) in order to induce any person to endeavour to procure the return of any person at an election, or the vote of any elector at an election; or
(b) being an elector, asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of anything done or omitted to be done, or to be done or omitted to be done, by him at an election in the capacity of an elector; or
(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person, on account of a promise made by him or any other person to endeavour to procure the return of any person at an election, or the vote of any person at an election; or
(d) advances or pays any money to or to the use of any other person with the intent that the money will be applied for any of the purposes referred to in Paragraph (a), (b) or (c) or in discharge or repayment of money wholly or in part applied for any such purpose; or
(e) corruptly transfers or pays any property or money to any person for the purpose of enabling that person to be registered as an elector, and so influencing the vote of that person at a future election; or
(f) is privy to the transfer or payment referred to in Paragraph (e) that is made for his benefit; or
(g) being a candidate at an election, convenes or holds a meeting of electors or of his committee in a house licensed for the sale of fermented or spirituous liquors,
is guilty of a misdemeanour.
Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.
104. Further penalty for corrupt practices.
(1) A person convicted of an offence against Section 99, 100, 101, 102 or 103 committed with respect to a parliamentary election becomes incapable, for three years from the date of the conviction—
(a) of being registered as an elector or of voting at any parliamentary election or of holding any judicial office, and if he holds any such office the office is vacated; or
(b) being elected or appointed to or of sitting in the Parliament, and, if at the time of the conviction he is a member of the Parliament his seat is vacated.
(2) Any person convicted of any offence referred to in Subsection (1) committed with respect to a Local-level Government election becomes incapable, for two years from the date of the conviction, of holding any local government office, and, if he holds any such office, the office is vacated.