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Obligation to disclose advantage received or offered

Cap. 105, s. 30 · Revised Edition 2020

(1) A person exercising any public function who is offered or receives an advantage in circumstances which may constitute an offence under this Act, or the offence of bribery, shall disclose as soon as reasonably practicable and in the prescribed manner, (a) the existence and nature of the advantage, or the offer of it; and (b) the name, if known, of the person by whom it was given or procured or offered or who agreed to give or procure it. 34 Prevention of Corruption (2) A person exercising any public function who knows or reasonably suspects, or ought reasonably to have known or reasonably to have suspected, that any person has committed, is committing or is about to commit an offence under this Act, or the offence of bribery, must disclose, as soon as reasonably practicable and in the prescribed manner, that knowledge or suspicion, and the information on which it is based, or cause such knowledge or suspicion to be so disclosed. (3) For the purposes of subsections (1) and (2) of this section, “the prescribed manner” means an information, complaint or declaration under oath in writing, (a) to a constable; (b) to the Commission; or (c) where the employer of the person exercising the public function has established a procedure for that person to make disclosures of the kind mentioned in subsections (1) or (2) of this section, in accordance with that procedure. disclose ad- vantages.
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