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

32. Alternative convictions, and amending particulars
(1) If, on the trial of any person for any offence under Part II, it is not proved that the accused is guilty of the offence charged but it is proved that the accused is guilty of some other offence under Part II, the accused may, notwithstanding the absence of consent under section 31 in respect of such other offence, be convicted of such other offence, and be liable to be dealt with accordingly. (Amended 56 of 1973 s. 5)
(2) If on the trial of any person for any offence under Part II there is any material variance between the particulars of the offence charged and the evidence adduced in support thereof, such variance shall not, of itself, entitle the accused to an acquittal of the offence charged if, in the opinion of the court, there is prima facie evidence of the commission of that offence, and in such a case the court may, notwithstanding the absence of consent under section 31 in respect of the particulars supported by the evidence adduced, make the necessary amendment to the particulars, and shall thereupon read and explain the same to the accused and the parties shall be allowed to recall and examine on matters relevant to such amendment any witness who may have been examined and, subject to the provisions of subsection (3), to call any further witness. (Amended 56 of 1973 s. 5)
(3) If an amendment is made under subsection (2) after the case for the prosecution is closed no further witness may be called by the prosecution other than such and on such matters only as it would, apart from the provisions of this subsection, be permissible to call and put in evidence in rebuttal.
(4) Nothing in this section shall exclude the application of any other law whereby a person may be found guilty of an offence other than that with which he is charged.

33. Effect of conviction of an offence under this Ordinance
Any person convicted of an offence under Part II of this Ordinance shall, by reason of such conviction, be disqualified for a period of 5 years from the date of such conviction from—
(a) being elected as a Member of the Legislative Council; or
(b) being or being elected or appointed as a member of the Executive Council and any other public body, other than a public body specified in Schedule 1. (Amended 20 of 1999 s. 4; 78 of 1999 s. 7)
(Replaced 134 of 1997 s. 85)

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

33A. Power of court to prohibit employment of convicted person
(1) Where a person has been convicted of an offence under Part II, a court may, on the application of the prosecution or on its own motion, where it considers it to be in the public interest so to do, order that the convicted person be prohibited from taking or continuing employment, whether temporary or permanent and whether paid or unpaid—
(a) in the case where the convicted person was employed by a corporation or a public body at the time of or prior to his conviction, as a director or manager or in such other capacity concerned with, whether directly or indirectly, the management of that corporation or any public body or any corporation that is a subsidiary of that corporation or any public body as defined by section 15 of the Companies Ordinance (Cap. 622) for the purposes of that Ordinance; or (Amended 28 of 2012 ss. 912 & 920)
(b) in the case where the convicted person was practising any profession or was otherwise self-employed at the time of or prior to his conviction, in the practice of his profession or in the business, or class of business, in which he was so employed, as the case may be;
(c) in other cases, as a partner or as a manager of or in such other capacity concerned with, whether directly or indirectly, the management of such partnership, firm or person or such class of partnership, firm or person; and
(d) for such period not exceeding 7 years,
as the court may determine.
(2) A person in respect of whom an order under subsection (1) has been made may at any time during the continuance in force of the order apply to the court for the order to be varied or cancelled.
(3) On an application under subsection (2) the court shall consider all the circumstances including any changes in the applicant’s circumstances since the making of the order and whether it would be in the public interest for the order to be varied or cancelled.
(4) Not less than 7 days before the hearing of an application under subsection (2) the person applying shall give written notice to the Secretary for Justice of his intentions and on any hearing of an application the Secretary for Justice shall have the right to appear and be heard. (Amended L.N. 362 of 1997)
(5) Any person in respect of whom an order under subsection (1) has been made who contravenes the order commits an offence and is liable to a fine at level 5 and to imprisonment for 12 months. (Amended E.R. 3 of 2021)
(Added 28 of 1980 s. 16)

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

34. Extension of certain provisions in relation to offences under repealed Ordinance
(1) The provisions contained in Part III shall apply to and in respect of offences suspected or alleged to have been committed under the repealed Prevention of Corruption Ordinance (Cap. 215, 1964 Ed.) as they apply to and in respect of offences suspected or alleged to have been committed under this Ordinance.
(2) The references in sections 27, 29 and 30 to this Ordinance shall be deemed to include a reference to the repealed Prevention of Corruption Ordinance (Cap. 215, 1964 Ed.).

35. Amendment of Schedules
The Chief Executive in Council may by order published in the Gazette amend the Schedules.
(Amended 20 of 1999 s. 5; 1 of 2003 s. 3)