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

30A. Protection of informers
(1) Save as provided in subsection (2)—
(a) no information for an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceeding; and
(b) no witness in any civil or criminal proceeding shall be obliged—
(i) to disclose the name or address of any informer who has given information to the Commissioner with respect to an offence under this Ordinance or of any person who has assisted the Commissioner in any way with respect to such an offence; or
(ii) to answer any question if the answer thereto would lead, or would tend to lead, to discovery of the name or address of such informer or person, (Amended L.N. 162 of 1993)
if, in either case, such informer or person is not himself a witness in such proceeding,
and, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain an entry in which any such informer or person is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such person from discovery.
(2) If in any proceeding before a court for an offence under this Ordinance the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of an informer or a person who has assisted the Commissioner, the court may permit inquiry and require full disclosure concerning the informer or such person.
(Added 28 of 1980 s. 13)

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

31. Consent of Secretary for Justice required for prosecution of offences under Part II
(1) No prosecution for an offence under Part II shall be instituted except with the consent of the Secretary for Justice.
(2) Notwithstanding subsection (1) of this section a person may be charged with an offence under Part II and may be arrested therefor, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Secretary for Justice to the institution of a prosecution for the offence has not been obtained, but no such person shall be remanded in custody or on bail for longer than 3 days on such charge unless in the meantime the consent of the Secretary for Justice aforesaid has been obtained. (Amended 56 of 1973 s. 4)
(3) When a person is brought before a magistrate before the Secretary for Justice has consented to the prosecution, the charge shall be explained to the person accused but he shall not be called upon to plead and the provision of the law for the time being in force relating to criminal procedure shall be modified accordingly.
(4) Neither section 7 of the Legal Officers Ordinance (Cap. 87) nor section 43 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to or in respect of the giving by the Secretary for Justice of his consent to the institution of a prosecution for an offence against section 10. (Added 56 of 1973 s. 4)
(Amended L.N. 362 of 1997)

31AA. Referral of matter involving offence suspected to have been committed by Chief Executive
(1) Notwithstanding section 30, where the Commissioner has reason to suspect that the Chief Executive may have committed an offence under this Ordinance, the Commissioner may refer the matter to the Secretary for Justice for him to consider whether to exercise his power under subsection (2).
(2) Notwithstanding section 30, where as a result of a referral made under subsection (1), the Secretary for Justice has reason to suspect that the Chief Executive may have committed an offence under this Ordinance, he may refer the matter to the Members of the Legislative Council for them to consider whether to take any action under Article 73(9) of the Basic Law.
(Added 22 of 2008 s. 5)

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

31AB. Disclosure of information received under section 31AA by Members of Legislative Council etc.
(1) Notwithstanding section 30, a Member of the Legislative Council may disclose any information received under section 31AA to the Secretary General for the purpose of enabling the Members of the Legislative Council to take, or to consider whether to take, any action under Article 73(9) of the Basic Law.
(2) Notwithstanding section 30, the Secretary General may, with the prior approval of the President of the Legislative Council, disclose any information received under subsection (1) to any member of the staff employed in the Legislative Council Secretariat if the Secretary General is satisfied that the disclosure is reasonably necessary for the purpose of enabling the Members of the Legislative Council to take, or to consider whether to take, any action under Article 73(9) of the Basic Law.
(3) The President of the Legislative Council shall not approve a disclosure under subsection (2) unless the President is satisfied that the disclosure is reasonably necessary for the purpose of enabling the Members of the Legislative Council to take, or to consider whether to take, any action under Article 73(9) of the Basic Law.
(4) Where in relation to a matter referred to the Members of the Legislative Council under section 31AA(2), a motion has been initiated jointly by one-fourth of all the Members of the Legislative Council under Article 73(9) of the Basic Law charging the Chief Executive with serious breach of law or dereliction of duty, section 30(1) shall not apply as regards the disclosure by any person of any information relating to the matter provided by the Secretary for Justice to the Members of the Legislative Council under section 31AA(2).
(5) In this section, Secretary General (秘書長) has the meaning assigned to it in section 2 of The Legislative Council Commission Ordinance (Cap. 443).
(Added 22 of 2008 s. 5)

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

31A. Time limit for prosecution of offences
(1) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), a complaint may be made or an information laid in respect of an offence under section 3, 14(5), 14A(5), 14C(6) or 33A within 2 years from the time when the matter of such complaint or information respectively arose.
(2) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), a complaint may be made or an information laid in respect of an offence under section 13(3), 13(4), 29 or 30(1) within 1 year from the time when the matter of such complaint or information respectively arose.
(3) Where a person has, before the commencement of the Prevention of Bribery (Amendment) Ordinance 1980 (28 of 1980), committed an offence under section 3, 13(3), 13(4), 14(5), 14A(5), 14C(6), 29 or 30(1) and, but for this section, would not be liable to be prosecuted for that offence by virtue of section 26 of the Magistrates Ordinance (Cap. 227), he shall, notwithstanding this section, not be liable to be prosecuted for that offence.
(Added 28 of 1980 s. 14)