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

15. Legal advisers and privileged information
(1) Save as is provided in this section, nothing in this Ordinance shall require the disclosure by a legal adviser of any privileged information, communication, book, document or other article.
(2) Subject to subsection (4), the information referred to in section 13(2) and in section 14(2) may be required from a legal adviser as from any other person, notwithstanding that the effect of compliance with such a requirement would be to disclose any privileged information or communication.
(3) Subject to subsection (4), a legal adviser may be required by notice under section 14(1)(d)—
(a) to state whether, at any time during such period as is specified in the notice, he has acted on behalf of any person named or otherwise identified in the notice in connection with—
(i) the transfer by such person of any moneys out of Hong Kong; or
(ii) the investment by such a person within or outside Hong Kong of any moneys; and (Amended 50 of 1987 s. 14)
(b) if so, to furnish information in his possession with respect thereto, being information as to—
(i) the date of the transfer or investment;
(ii) the amount of the transfer or investment;
(iii) in the case of a transfer, the name and address of the bank and the name and number (if any) of the account to which the money was transferred;
(iv) in the case of an investment, the nature of the investment,
notwithstanding that the effect of compliance with such a requirement would be to disclose any privileged information or communication.
(4) Nothing in subsection (2) or (3) shall require a legal adviser to comply with any such requirement as is specified therein to the extent to which such compliance would disclose any privileged information or communication which came to his knowledge for the purpose of any proceedings, begun or in contemplation, before a court or to enable him to give legal advice to his client.
(5) In this section legal adviser (法律顧問) means counsel or a solicitor.
(6) The protection conferred by this section on a legal adviser shall extend to a clerk or servant of or employed by a legal adviser.

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

16. Power to obtain assistance
(1) Any investigating officer conducting an investigation into an offence alleged or suspected to have been committed under this Ordinance may apply to any public servant for assistance in the exercise of his powers or the discharge of his duties under this Ordinance.
(2) Any public servant who when requested under subsection (1) to render assistance, without reasonable excuse neglects or fails to render such assistance shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 1 year. (Amended E.R. 3 of 2021)
(Replaced 48 of 1996 s. 9)

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

17. Further powers of search
(1) Any investigating officer may, for the purposes of an investigation into, or proceedings relating to, an offence suspected to have been committed under this Ordinance, make an ex parte application to a court for the issue of a warrant under subsection (1A). (Replaced 48 of 1996 s. 10)
(1A) Where on an application under subsection (1) the court is satisfied that there is reasonable cause to believe that in any premises or place there is anything which is or contains evidence of an offence under this Ordinance, the court may by warrant directed to an investigating officer named in the warrant, empower such officer and any other investigating officer, to enter such premises or place, by force if necessary, and search the same. (Added 48 of 1996 s. 10)
(1B) Notwithstanding subsections (1) and (1A), where the Commissioner is satisfied that there is reasonable cause to believe—
(a) that in any premises or place there may be anything which is or contains evidence of an offence under this Ordinance; and
(b) that the making of an ex parte application under subsection (1) would seriously impede an investigation into, or proceedings relating to, an offence suspected to have been committed under this Ordinance,
the Commissioner may by warrant directed to an investigating officer named in the warrant, empower such officer and any other investigating officer to enter such premises or place, by force if necessary, and search the same. (Added 48 of 1996 s. 10)
(2) Without prejudice to any other law relating to entry and search, the chambers of counsel or the office of a solicitor are not subject to entry and search under this section or any warrant issued under this section except in the course of investigating an offence under this Ordinance alleged or suspected to have been committed by that counsel or that solicitor, as the case may be, or by his clerk or any servant employed by him in such chambers or office.
(3) Any person who obstructs or resists the Commissioner or any investigating officer in the exercise of the powers of entry and search under this section shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 1 year. (Amended 9 of 1974 s. 9; 28 of 1980 s. 12; 48 of 1996 s. 10; E.R. 3 of 2021)
(4) In this section court (法庭) means a magistrate and the Court of First Instance. (Added 48 of 1996 s. 10. Amended 25 of 1998 s. 2)

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

19. Custom not to be a defence
In any proceedings for an offence under this Ordinance, it shall not be a defence to show that any such advantage as is mentioned in this Ordinance is customary in any profession, trade, vocation or calling.

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

20. Admissibility of accused’s declarations and statements
In any proceedings against a person for an offence under this Ordinance—
(a) if such person tenders himself as a witness then any statutory declaration or statement in writing furnished by him in compliance or purported compliance with the terms of a notice served on him under section 14 shall be regarded as a former statement made by him relative to the subject-matter of the proceedings and sections 13 and 14 of the Evidence Ordinance (Cap. 8) shall apply with respect to that witness;
(b) the fact of the person’s failure in any respect to comply with the terms of a notice served on him under section 14 may be adduced in evidence and made the subject of comment by the court and the prosecution.
(Replaced 48 of 1996 s. 14)

21. Evidence of pecuniary resources or property
(1) In any proceedings against a person for an offence under Part II (other than section 10), the fact that the accused was, at or about the date of or at any time since the date of the alleged offence, or is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the date of or at any time since the date of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken by the court—
(a) as corroborating the testimony of any witness giving evidence in such proceedings that the accused accepted or solicited any advantage; and
(b) as showing that such advantage was accepted or solicited as an inducement or reward.
(2) For the purposes of subsection (1) a person accused of an offence under Part II (other than section 10) shall be presumed to be or to have been in possession of pecuniary resources or property, or to have obtained an accretion thereto, where such resources or property are or were held, or such accretion was obtained, by any other person whom, having regard to his relationship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.