Criminal Law Code as at 1st March 2007 connection with the principal’s affairs or business, and the agent or person so agreed or arranged⎯ (a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or (b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal; the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction. (3) If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that⎯ (a) an agent⎯ (i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent’s principal; (ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction; the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be; (b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent’s principal; (c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent’s principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction. 174 Criminal abuse of duty as public officer (1) If a public officer, in the exercise of his or her functions as such, intentionally⎯ (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or (b) omits to do anything which it is his or her duty as a public officer to do; for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both. (2) If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or - 100 -