(Revised Edition 1996)

Part X Corruption And The Abuse Of Office

Official corruption

91. Any person who-

(a) being employed in the public service, and being charged with the performance of any duty by virtue of such employment, corruptly asks for, solicits, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards 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, upon, or for any person employed in the public service, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed,]is guilty of a felony and shall be liable to imprisonment for seven years.

Extortion by public officers

92. Any person who, being employed in the public service, takes or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, shall be guilty of a misdemeanour, and shall be liable to imprisonment for three years.

Public officers receiving property to show favour

93. Any person who, being employed in the public service, receives any property or benefit of any kind for himself or any other person, on the understanding, express or implied, that he shall favour the person -lying the property or conferring the benefit, or any one in whom that person is interested in any transaction then pending, or likely to take place, between the person giving the property or conferring the benefit, or any one in whom he is interested, and any person employed in the public service, shall be guilty of a misdemeanour and shall be liable to imprisonment for six months.

Bribe or attempt to bribe

122. Any person who in relation to any offence bribes or attempts to bribe or makes any promise to any other person with either of the following two intents-

(a) to obstruct, defeat or pervert the course of justice in the court; or

(b) to dissuade any person from doing his duty in connection with the course of justice in the court,

shall be guilty of a misdemeanour.

Part XII Other Offences Relating To The Administration Of Justice

Corruptly taking a reward

120. Any person who corruptly takes any money or reward directly or indirectly, under pretence or upon account of helping any person to recover any property which has, under circumstances which amount to felony or misdemeanour, been stolen or obtained in any way whatsoever, or received, shall (unless he has used all due diligence to cause the offender to be brought to trial for the same) be guilty of felony, and shall be liable to imprisonment for seven years.

Part XXVII Larceny, Embezzlement And Conversion

Stealing and embezzlement by co-partners, etc.

259. If any person, who is a member of any co-partnership or is one of two or more beneficial owners of any property, steals or embezzles any such property of or belonging to such co-partnership or to such beneficial owners he is liable to be dealt with, tried, and punished as if he had not been or was not a member of such co-partnership or one of such beneficial owners.

Embezzlement by officer of post office

267. Any person who, being an officer of the post office, steals or embezzles a postal packet in the course of transmission by post, is guilty of a felony and shall be liable –

(a) if the postal packet contains any chattel, money or valuable security, to imprisonment for life; and

(b) in all other cases to imprisonment for seven years.

Definitions relating to larceny and embezzlement of postal packets
268. For the purposes of the last two preceding sections –

(a) a postal packet shall be deemed to be in course of transmission by post from the time of its being delivered to a post office to the time of its being delivered to the person to whom it is addressed;

(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post shall be a delivery to a post office; and

(c) the delivery of a postal packet at the house or office of the person to whom the packet is addressed or to him or to his servant or agent or other person considered to be authorised to receive the packet according to the usual manner of delivering that person’s postal packets shall be a delivery to the person addressed.

Larceny and embezzlement by clerks or servants

273. Any person who –

(a) being a clerk or servant or person employed in the clerks or servants capacity of a clerk or servant-

(i) steals any chattel, money or valuable security belonging to or in the possession of his master or employer; or

(ii) fraudulently embezzles the whole or any part of any chattel, money or valuable security delivered to or received or taken into possession by him for or in the name or on the account of his master or employer; or

(b) being employed in the public service of Her Majesty –

(i) steals any chattel, money or valuable security belonging to or in the possession of Her Majesty or entrusted to or received or taken into possession by such person by virtue of his employment; or

(ii) embezzles or in any manner fraudulently applies or disposes of for any purpose whatsoever except for the public service any chattel, money or valuable security entrusted to or received or taken into possession by him by virtue of his employment; or

(c) being appointed to any office or service by or under a Town Council or other local government council or other public body-

(i) fraudulently applies or disposes of any chattel, money or valuable security received by him (whilst employed in such office or service) for or on account of any Town Council or other local government council or other public body or department, for his own use or any use or purpose other than that for which the same was paid, entrusted to, or received by him; or

(ii) fraudulently withholds, retains, or keeps back the same, or any part thereof, contrary to any lawful directions or instructions which he is required to obey in relation to his office or service aforesaid,

is guilty of a felony, and shall be liable to imprisonment for fourteen years.

Part XXXVIII Secret Commissions And Corrupt Practices

Interpretation for purposes of sections dealing with corrupt practices, etc.

373.-(1) For the purpose of this Part of this Code, the expression “consideration” includes valuable consideration of any kind, the expression “agent” includes any person employed by or acting for another, and the expression “principal” includes an employer.

(2) A person serving under the Crown or under any Town Council or other local government council or other public body and a member of any such council or other public body, is an agent within the meaning of this Part of this Code.

Corrupt practices

374. If-

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do or for having done or forborne to do, any act in relation to his principal’s affairs or business or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

(b) any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

(c) any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal,

he is guilty of a misdemeanour, and shall be liable to imprisonment for two years or to a fine of six hundred dollars.

Secret commission on Government contracts

375. Any person committing an offence under this Part of this Code where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with the Government or any Government department or a Town Council or other local government council or other public body, or a sub-contract to execute any work comprised in such contract, shall be liable to imprisonment for seven years, or to a fine of one thousand dollars.

Presumption as to corrupt practices

376. Where in any proceedings against a person for an offence under this Part of this Code it is proved that any money gift or other consideration has been paid or given to or received by a person in the employment of the Crown or any Government department or Town Council or other local government council or other public body, by or from a person or agent of a person holding or seeking to obtain a contract from the Crown or any Government department or Town Council or other local government council or other 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 this Part of this Code, unless the contrary is proved.

Consent to prosecution

377. A prosecution for an offence under this Part of this Code shall not be instituted without the sanction of the Director of Public Prosecutions.

e) of the Constitution or the Leadership Code [Cap. 240].