WORKING DOCUMENT: 12 AUGUST 2003

RELEVANT DEFINITIONS

 

OPTION I

"corruptIy" means acting personally or by influencing another person to act in a manner

(a) that adversely affects, or could adversely affect, the honest performance of a person’s functions: or

(b) that amounts to

(i) the performance of any of his or her functions dishonestly or with inappropriate partiality;

(ii) a breach of trust;

(iii) the misuse of information or material acquired in the course of the performance of a function or duty; or

(iv) the violation of a legal duty; or

(c) designed to achieve an unjustified result;

OPTION 2

"corruptly" means engaging personally or by influencing another person to engage in acts that constitutes improper performance of duty or abuse of a position of authority, including acts of omission:

"gratification" includes

(a) money, whether in cash or otherwise;

(1)) any donation, gift, loan, fee, valuable security, property or interest in property of any description, whether movable or immovable, or any other similar advantage;

(c) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;

(d) any office, status, honour, employment, contract of employment or services, any agreement to give employment or render services in any capacity and residential or holiday accommodation:

(e) any payment, release, discharge or liquidation of any loan, obligation or other liability whether in whole or in part;

(fi any forbearance to demand any money or money's worth or valuable thing;

(g) any other service or favour or advantage of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and includes the exercise or the forbearance from the exercise of any right or any official power or duty;

(h) any right or privilege; or

(i) any real or pretended aid, vote, consent, influence or abstention from voting;

(j) any valuable consideration or benefit of any kind, including any discount, commission, rebate, bonus, deduction or percentage;

2

'reward" means a gratification for having done or not having done anything;

General offence of corruption

3. Any person who directly or indirectly accepts or agrees or offers to accept from or gives or agrees or offers to give to any other person any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person, to act personally, or by influencing another person so to act, in a manner-

(a) that adversely affects, or could adversely affect, the honest performance of a person’s

functions; or

(b) that amounts to-

(i) the performance of any of his or her functions dishonestly or with inappropriate partiality;

(ii) a breach of trust;

(iii) the misuse of information or material acquired in the course of the performance a function or duty; or
    1. the violation of a legal duty; or
    1. designed to achieve an unjustified result,

is guilty of corruption.

 

Offences in respect of corrupt activities relating to public officers

OPTION 1

4. (1) Any-

(a) public officer who, directly or indirectly, accepts or agrees or offers to accept any gratification or reward; or

(b) person who, directly or indirectly, gives or agrees or offers to give any gratification or reward to a public officer,

whether for the benefit of himself or herself or for the benefit of another person, to act personally, or by influencing another person so to act, in a manner-

(i) that adversely affects, or could adversely affect, the honest performance of a persons functions; or
    1. that amounts to-

(aa) the performance of any of his or her functions dishonestly or with inappropriate partiality;

(bb) a breach of trust;

(cc) the misuse of information or material acquired in the course of the

performance of a function or duty; or

    1. the violation of a legal duty; or

designed to achieve an unjustified result.

(iii) is guilty of an offence.

 

(2) In subsection (1) "to act" includes-

(a) voting or not voting at any meeting of a public body;

(b) performing, not performing or not adequately performing any official functions;

(c) expediting, delaying, hindering or preventing the performance of an official act;

(d) aiding, assisting or favouring any particular person in the transaction of any business with public body;

(e) aiding or assisting in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person in relation to the transaction of any business with a public body; or

(f) showing any favour or disfavour to any person in performing a function as a public officer

(g) diverting, for purposes unrelated to those for which they were intended, any property belonging to the state which such officer received by virtue of his or her position for purposes of administration, custody or for any other reason, to another person;

(h) exerting any improper influence over the decision making of any person performing functions in a public body.

OPTION 2

4. (1) Any-

(a) public officer who, directly or indirectly, accepts or agrees or offers to accept any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person: or

(b) person who, directly or indirectly, gives or agrees or offers to give any gratification or reward to a public officer. whether for the benefit of that public officer or of another person,

in order to act or for acting or for having acted corruptly, is guilty of an offence.

  1. In subsection (I) "to act" includes-

(a) voting or not voting at any meeting of a public body;

  1. performing, not performing or not adequately performing any official functions;
  2. expediting, delaying, hindering or preventing the performance of an official act;

(d) aiding, assisting or favouring any particular person in the transaction of any business with a public body;

(e) aiding or assisting in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person in relation to the transaction of any business with a public body; or

(f) showing any favour or disfavour to any person in performing a function as a public officer;

(g) diverting, for purposes unrelated to those for which they were intended, any property belonging to the state which such officer received by virtue of his or her position for purposes of administration, custody or for any other reason, to another person;

(h) exerting any improper influence over the decision making of any person performing functions in a public body.

 

Offences in respect of corrupt activities by and against persons in private sector

OPTION 1

5. Any person who in the course of business in the private sector, directly or indirectly

(a) accepts or agrees or offers to accept any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person; or

(b) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person, to act personally, or by influencing another person so to act, in a manner-

(i) that adversely affects, or could adversely affect, the honest performance of a person

functions; or

(ii) that amounts to-

(aa) the performance of any of his or her functions dishonestly or with inappropriate partiality;

(bb) a breach of trust;

(cc) the misuse of information or material acquired in the course of the

performance of a function or duty; or

(dd) the violation of a legal duty; or

    1. designed to achieve an unjustified result,

is guilty of an offence.

OPTION 2

 

5. Any person who in the course of business in the private sector, directly or indirectly-

(a) accepts or agrees or offers to accept any gratification or reward, whether for himself or herself or for the benefit of another person; or

(h) gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person,

in order to act or for acting or for having acted corruptly, is guilty of an offence.

Offences in respect of corrupt activities relating to agents

OPTION 1

6. (1) Any-

(a) agent who. directly or indirectly-

(i) accepts or agrees or offers to accept any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person; or

(ii) gives or agrees or offers to give to any person any gratification or reward, whether for the benefit of that person or of another person;

(b) person who, directly or indirectly-

(i) accepts or agrees or offers to accept from an agent any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person; or

(ii) give or agree or offer to give any gratification or reward to an agent, whether for the benefit of that agent or of another person,

to personally act, or by influencing another person so to act, in a manner-

(aa) that adversely affects, or could adversely affect, the honest performance of a

person's functions: or

    1. that amounts to-

(aaa) the performance of any of his or her functions dishonestly or with

inappropriate partiality;

(bbb) a breach of trust;

(ccc) the misuse of information or material acquired in the course of

performance of a function or duty; or

(ddd) the violation of a legal duty; or

(cc) designed to achieve an unjustified result,

is guilty of an offence.

OPTION 2

6. (1) Any-

(a) agent who, directly or indirectly-

(i) accepts or agrees or offers to accept any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person; or

(ii) gives or agrees or offers to give to any person any gratification or reward, whether for the benefit of that person or of another person;

(b) person who, directly or indirectly-

(i) accepts or agrees or offers to accept from an agent any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person; or

(ii) give or agree or offer to give any gratification or reward to an agent, whether for the benefit of that agent or of another person,

in order to act or for acting or for having acted corruptly,is guilty of an offence.

Offences in respect of corrupt activities relating to witnesses

11. (1) No person may, directly or indirectly, give or agree or offer to give any gratification or reward to any other person, whether for the benefit of that other person or of another person with the intent to influence-

(4) the testimony of that other person or another person as a witness in a trial, hearing or other proceedings before any court, judicial officer, committee, commission or any officer authorised by law to hear evidence or take testimony; or

(b} that other person or another witness to absent himself or herself from such trial, hearing or other proceedings or to withhold testimony.

(2) No person may, directly or indirectly, accept or agree or offer to accept any gratification or reward, whether for the benefit of himself or herself or for the benefit of another person, in return for-

(a) testifying in a particular or untruthful manner in a trial, hearing or other proceedings before

any court. judicial officer, committee, commission or officer authorised by law to hear evidence or take testimony:
  1. not testifying at any such trial, hearing or proceedings.

 

28. The Committee should consider whether to define "improper" or not. The opinion is held that attempts to define "improper", the same problems regarding a definition for "corruptly" will be experienced. According to the Longman, Dictionary of Contemporary ENGLISH, "improper" means:

"1. Unacceptable according to the normal standards of moral, social or professional behaviour.

2. Illegal or dishonest.

3. Not correct according to a set of rules.".

The opinion is held that the above dictionary meaning covers the matter adequately.