HONG KONG Law and Practice Contributed by: Gareth Hughes, Emily Lam, Philip Rohlik and Tiffany Wu, Debevoise & Plimpton LLP
are lawfully examined in such proceedings, they will not be prosecuted for the offence disclosed by their evidence. 5. Penalties for Violations 5.1 Penalties on Conviction For bribery offences under POBO, the following penalties apply. • An offence under Sections 3 to 9 is punish - able on summary conviction by a maximum fine of HKD100,000 and imprisonment for up to one year. A person convicted under Sec - tion 3 may also be ordered to pay the amount or value of the advantage received by them (or any part of that advantage that the court may specify). • An offence under Section 10 is punishable on summary conviction by a maximum fine of HKD500,000 and imprisonment for up to three years. • An offence under Section 4, 7, 8 or 9 is pun - ishable on conviction upon indictment by a maximum fine of HKD500,000 and imprison - ment for up to seven years. • An offence under any Section 5 or 6 is pun - ishable on conviction upon indictment by a maximum fine of HKD500,000 and imprison - ment for up to ten years. • An offence under Section 10 is punishable on conviction upon indictment by a maximum fine of HKD1 million and imprisonment for up to ten years. Where a person has been convicted under Sec - tion 10 of POBO on the basis that they are in control of pecuniary resources or property dis - proportionate to their present or past official emoluments, they may, in addition to receiv - ing the penalty referred to in the foregoing, be
ordered to pay to the government – or be sub - ject to an order for confiscation of – a sum not exceeding the amount of the pecuniary resourc - es or the value of the property for which they do not have a satisfactory explanation. Anyone convicted of a bribery offence under POBO may be prohibited for a period of up to seven years from taking up or continuing employ - ment as either a professional, a self-employed businessperson or a manager of a corporation or public body (Section 33A of POBO). Penalties for Non-bribery Offences Applicable to Public Servants Where a public servant misappropriates or embezzles public funds or engages in any other conduct that constitutes theft under Sections 2 and 9 of the Theft Ordinance, they shall be liable on conviction to imprisonment for ten years. A public servant who is convicted of the com - mon law offence of misconduct in public office is liable to a maximum penalty of seven years’ imprisonment and a fine. Penalties Under CO In relation to the obligation to keep accounting records pursuant to Section 373 of CO: • where a director of the company in question fails to take all reasonable steps to secure compliance with such obligation, they shall be liable on conviction to a maximum fine of HKD300,000; and • where a director of the company in question wilfully fails to take all reasonable steps to secure compliance with such obligation, they shall be liable on conviction to a maximum fine of HKD300,000 and to imprisonment for up to 12 months.
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