Declaration offences

(l) A person who, without reasonable cause, 22 Prevention of Corruption (a) fails to file with the Commission, a declaration which he is required to file in accordance with the provisions of this Act; (b) fails to give such information or explanation as the Commission may require under section 12 or 13 of this Act; (c) fails to give such information as a Tribunal may require under section 15 of this Act, commits a first offense and is liable on summary conviction to a fine not less than three thousand dollars. On a second or subsequent offence to a fine of not less than five thousand dollars or to imprisonment for a period of one year, or to both fine and imprisonment. (2) Without prejudice to subsection (1) of this section, every person who, without reasonable cause, (a) fails to file a declaration in accordance with the provisions of this Act; (b) has not yet filed his declaration in the previous year in accordance with the provisions of this Act; (c) fails to give such information or explanation as the Commission may require under section 12 or 13 of this Act within the time specified for submission; (d) fails to give such information as a Tribunal may require under section 15, is liable to pay to the Commission, an administrative fine of one hundred dollars for each day that the declaration or information or explanation, as the case may be, remains outstanding. Prevention of Corruption 23 (3) A person who, (a) knowingly makes any false statement in such (b) after a certificate in respect of a declaration has been published in the Gazette pursuant to section 12, publishes any statement whatever, whether orally or in writing, challenging the accuracy of that certificate or the honesty or credibility of the declarant, otherwise than by way of a complaint to the Commission; or (c) having been granted access to a declaration under section 13, discloses or makes known to any person any information contained in such declaration otherwise than for the purpose of an inquiry under section 13; (d) makes any frivolous, vexatious or groundless complaint to the Commission in relation to a declaration or a certificate in respect of such declaration; or (e) fails without reasonable cause to attend an inquiry being conducted by the Commission under section 15, or knowingly gives any false information in such inquiry, commits an offence and is liable on summary conviction to a fine not less than one thousand dollars and not more than five thousand dollars or to imprisonment for a period not exceeding six months, or to both fine and imprisonment. (4) Where the offence under this section involves the non- disclosure of property corruptly acquired while in public life, the Court shall, in addition to the penalty specified in this section, 24 Prevention of Corruption (a) where the property involved is situated in Belize, declare that it be forfeited to the Government; (b) where the property involved is situated outside Belize, order that an amount equivalent to the value of the property (the value to be assessed as directed by the Court), be paid by the person in public life to the Government. (5) Property acquired from a person referred to under subsection (4) by a bona fide purchaser for value without notice of any offence by that person, is not liable to forfeiture, but an amount equivalent to the value of the property or the price paid by the purchaser, whichever is the greater, shall be paid by the person in public life to the Government. (6) Payment of all sums due to the Government pursuant to paragraph (b) of subsection (4) or to subsection (5) may be enforced in like manner as a debt due to the Government and any proceedings thereon on behalf of the Government may be taken. (7) It shall be a defence for a person in public life to show that the failure envisaged in paragraphs (a), (b) and (c) of subsection (1), and paragraph (e) of subsection (3), was due to reasonable causes and the Court shall, in each case, make a determination as to reasonable causes taking into account the circumstances of each case.