### Prevention of Bribery Ordinance 《防止賄賂條例》

21A. Certificate as to official emoluments, etc.
(1) In any proceedings against a person for an offence under this Ordinance, a certificate purporting— (Amended 50 of 1987 s. 12)
(a) to certify—
(i) the rate of, and the total amount of, official emoluments and the allowances, other than such emoluments, paid to any prescribed officer in relation to the discharge by him of his duties as a prescribed officer; (Amended 14 of 2003 s. 18)
(ii) that any person was or was not serving at any specified time or during any specified period as a prescribed officer or ceased to be a prescribed officer at or before any specified time; or (Amended 14 of 2003 s. 18)
(iii) that a prescribed officer held or did not hold at any specified time any specified office; and (Amended 14 of 2003 s. 18)
(b) to be signed by the Chief Secretary for Administration,
shall be admitted in such proceedings by any court on its production without further proof.
(2) On the production of a certificate under subsection (1) the court before which it is produced shall, until the contrary is proved, presume—
(a) that the facts stated therein are true; and
(b) that the certificate was signed by the Chief Secretary for Administration.
(3) In this section, official emoluments (公職薪俸) includes a pension or gratuity payable under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401). (Amended 36 of 1987 s. 44; 85 of 1988 s. 51)
(Added 69 of 1978 s. 2. Amended L.N. 362 of 1997)

22. Person giving or receiving bribe not to be regarded as an accomplice
Notwithstanding any Ordinance, rule of law or practice to the contrary, no witness shall, in any proceedings for an offence under Part II, be regarded as an accomplice by reason only of any payment or delivery by him or on his behalf of any advantage to the person accused or, as the case may be, by reason only of any payment or delivery of any advantage by or on behalf of the person accused to him.
(Amended 25 of 1998 s. 2)

### Prevention of Bribery Ordinance 《防止賄賂條例》

23. Power to secure evidence of parties to offences
In or for the purpose of any proceedings for an offence under Part II, the court may, at the request in writing of the Secretary for Justice, inform any person accused or suspected of such offence or of any other offence under Part II that, if he gives full and true evidence in such proceedings and, where such proceedings are proceedings held with a view to committal for trial under section 85 of the Magistrates Ordinance (Cap. 227), in the trial before the High Court of all things as to which he is lawfully examined, he will not be prosecuted for any offence disclosed by his evidence; and upon such person giving evidence in any such proceedings no prosecution against him for any offence disclosed by his evidence therein shall be instituted or carried on unless the court before which he gives evidence considers that he has wilfully withheld evidence or given false testimony and so certifies to the Secretary for Justice in writing.
(Amended L.N. 362 of 1997; 25 of 1998 s. 2)

24. Burden of proof
In any proceedings against a person for an offence under this Ordinance, the burden of proving a defence of lawful authority or reasonable excuse shall lie upon the accused.

27. Frivolous, false or groundless complaints to be reported to the Secretary for Justice
At the conclusion of proceedings for an offence under this Ordinance, the court may, if of the opinion that the complainant or any other person has knowingly, and with intent to harm the accused, made a false, frivolous or groundless allegation against him, so certify in writing and transmit the certificate and the record of the proceedings to the Secretary for Justice.
(Amended L.N. 362 of 1997)

28. Costs on acquittal
Where a person is acquitted after trial before the High Court or the District Court for an offence under Part II, the court may award costs to that person, such costs to be taxed and paid out of the general revenue.
(Amended 25 of 1998 s. 2)

### Prevention of Bribery Ordinance 《防止賄賂條例》

29. Offence of making a false report of the commission of offence, etc.
Any person who, during the course of an investigation into, or in any proceedings relating to, an offence alleged or suspected to have been committed under this Ordinance, knowingly—
(a) makes or causes to be made a false report of the commission of an offence under this Ordinance to any investigating officer specified in an authorization given under section 13; or
(b) misleads any investigating officer specified in an authorization given under section 13,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 1 year.
(Amended 9 of 1974 s. 12; E.R. 3 of 2021)

30. Offence to disclose identity, etc. of persons being investigated
(1) Any person who knowing or suspecting that an investigation in respect of an offence alleged or suspected to have been committed under Part II is taking place, without lawful authority or reasonable excuse, discloses to—
(a) the person who is the subject of the investigation (the subject person) the fact that he is so subject or any details of such investigation; or
(b) the public, a section of the public or any particular person the identity of the subject person or the fact that the subject person is so subject or any details of such investigation,
shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 1 year. (Replaced 48 of 1996 s. 15. Amended E.R. 3 of 2021)
(1A)  (Repealed 48 of 1996 s. 16)
(2) Subsection (1) shall not apply as regards disclosure of any of the descriptions mentioned in that subsection where, in connection with such investigation—
(a) a warrant has been issued for the arrest of the subject person;
(b) the subject person has been arrested whether with or without warrant;
(c) the subject person has been required to furnish a statutory declaration or a statement in writing by a notice served on him under section 14(1)(a) or (b);
(d) a restraining order has been served on any person under section 14C(3);
(e) the residence of the subject person has been searched under a warrant issued under section 17; or
(f) the subject person has been required to surrender to the Commissioner any travel document in his possession by a notice served on him under section 17A. (Replaced 48 of 1996 s. 16)
(3) Without affecting the generality of the expression reasonable excuse