| Chapter 2: | Conceptual Issues in Definitions of Corruption and Good Governance |
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Similarly, any person who, by himself, or by or in conjunction with any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for and having done or forborne to do, anything in relation to any matter or transaction actual or proposed, with which any private body is or may be concerned will be guilty of an offence.60 Also, it is an offence under Part IV of the Anti-Corruption Commission Act 1996 for a person, who by himself, or by or in conjunction with any other person, to give, promise or offer any gratification corruptly to any person, whether for the benefit of that person or of any other person, as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which any private body is or may be concerned.61
Other offences under Part IV of the Anti-Corruption Commission Act 1996 include corrupt transactions by or with agents,62 the corruption of members of public bodies in regard to meetings,63 gratification for giving assistance in regard, say, to contracts,64 gratification for procuring withdrawal of tenders,65 gratification in regard to bidding at auction sales66 and any attempt or conspiracy to commit any of these offences.67 It is no defence that any gratification solicited, accepted or obtained or agreed to be accepted, given, offered or promised is customary in any profession, business, trade, vocation or calling.68 Likewise, it is no defence in any trial, where a public officer has corruptly solicited, accepted, obtained or agreed to accept or attempted to receive or obtain any gratification, that the appointment, nomination or election of such person or any other person as a public officer was invalid or void.69 And it is no defence in any trial, where a public officer has corruptly solicited, accepted, obtained or agreed to accept or attempted to receive or obtain any gratification, that such public officer or any other public servant did not have the power, authority or opportunity of doing or of forbearing from doing the act, favour or disfavour to which the gratification related.70 There will also be no defence where an accused public officer argues that he did not actually do any act, favour or disfavour to induce the gratification, or never had the intention of doing so.71 We will examine the legal interpretation of the word intention when we look at international views on terms such as corruption and good governance.72