s.2Interpretation
2
Section 2Part 1 — Preliminary

Interpretation

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In this Act —
includes —
a person who acts on behalf of another person with that other person's actual or implied authority (in which case the other person is the principal);
a public officer (in which case the Government or Government entity of or for which the officer acts is the principal);
an employee (in which case the employer is the principal);
a legal practitioner acting on behalf of a client (in which case the client is the principal);
a partner (in which case the partnership is the principal);
an officer of a corporation or other organisation, whether or not employed by it (in which case the corporation or other organisation is the principal);
a consultant to any person (in which case that person is the principal);
means a person authorised under sections 40 and 41 to commit certain acts or to make certain omissions which would otherwise be offences under this Act;
means a central public body responsible for receiving and (as permitted) requesting, analysing and disseminating disclosures of any information —
concerning corruption offences; or
required by any law in order to counter corruption, and includes a law enforcement agency;
in relation to a person, means —
any person who is a nominee or an employee of such person;
any person who manages the affairs of such person;
any firm of which such person, or any nominee of that person, is a partner or a person in charge or in control of its business or affairs;
any corporation within the meaning of the Companies Act (2023 Revision) of which such person, or any nominee of that person, is a director or is in charge or in control of its business or affairs, or in which such person, alone or together with any nominee of that person, has or have a controlling interest, or shares to the total value of not less than thirty per centum of the total issued capital of the corporation; or
the trustee of any trust, where —
the trust has been created by such person; or
the total value of the assets contributed by such person to the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than twenty per centum of the total value of the assets of the trust;
has the meaning assigned by the Banks and Trust Companies Act (2021 Revision) or any other financial institution established or licensed under any other written law or any co-operative society registered or deemed to have been registered under the Co-operative Societies Act (2020 Revision);
means a garment or item designed, intended or adapted for the purpose of protecting the body from an item or object used to, or adapted to, stab, pierce, puncture or otherwise wound the body;
means any business, profession, trade, calling, manufacture or undertaking of any kind carried on in the Islands or elsewhere for profit;
means —
in the case of a ministry, the Permanent Secretary of that ministry;
in the case of the Portfolio of Legal Affairs, such public officer in the Portfolio as may be designated by the Governor; and
in the case of the Portfolio of the Civil Service, such public officer as may be designated by the Governor;
in the case of a statutory authority or a government company, the person appointed as chief officer (by whatever name called) by the board of that authority or company;
in the case of the Audit Office, the Auditor General;
in the case of the judicial administration, the court administrator or such other suitable person as may be designated by the Chief Justice; and
in the case of the Office of the Ombudsman, the Ombudsman;
means the Commission established under section 3 as the anti-corruption authority of the Cayman Islands;
means the Complaints Commissioner, otherwise called an Ombudsman, appointed under section 120 of the Cayman Islands Constitution Order, 2009 [U.K.S.I. 2009 No.1379];
means an offence under sections 10 to 23 inclusive;
means any court of the Islands of competent jurisdiction;
includes —
any purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts, of extension of credit;
any agency or grant of power of attorney; or
any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole of or in part any property being conferred on any person;
in relation to a foreign public officer, means any authority, duty, function or power that —
is conferred on the officer; or
that the officer holds themselves out as having;
means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not;
in relation to a function includes to perform a duty;
means a year ending on 31st December;
means a country other than the Islands and includes any organised foreign area or entity, such as an autonomous territory or a separate customs territory;
means —
the government of a foreign country or of part of a foreign country;
an authority of the government of a foreign country;
an authority of the government of part of a foreign country;
a foreign local government body or foreign regional government body; or
a foreign public enterprise;
means —
an employee or officer of a foreign government body;
an individual who performs work for a foreign government body under a contract;
an individual who holds or performs the duties of an appointment, office or position under a law of a foreign country or of part of a foreign country;
an individual who holds or performs the duties of an appointment, office or position created by custom or convention of a foreign country or of part of a foreign country;
an individual who is otherwise in the service of a foreign government body (including service as a member of a military force or police force);
a member of the executive, judiciary or magistracy of a foreign country or of part of a foreign country;
an employee of a public international organisation;
an individual who performs work for a public international organisation under a contract;
an individual who holds or performs the duties of an office or position in a public international organisation;
an individual who is otherwise in the service of a public international organisation;
a member or officer of the legislature of a foreign country or of part of a foreign country; or
an individual who —
is an authorised intermediary of a foreign public officer covered by any of the above paragraphs;
holds themselves out to be the authorised intermediary of a foreign public officer covered by any of the above paragraphs; or
that is constituted by persons representing two or more countries, or representing the governments of two or more;
of an agent includes any power;
means of the Government of the Islands;
means —
a company in which the Government has a controlling interest; and
in respect of each such company, includes all subsidiary entities of the company;
includes a ministry, portfolio, the Cabinet Office, Office of the Director of Public Prosecutions, the Office of the Ombudsman, the Office of the Information Commissioner, the Audit Office, the Cayman Islands Parliament, a statutory body, statutory authority and a government company;
means a person appointed by the Governor in accordance with section 3A to investigate complaints under this Act and to carry out such other duties as may be provided in this Act;
in relation to a person, means —
a spouse or civil partner of the person;
a brother or sister of the person (including half and step-brother or half and step-sister);
a brother or sister of the spouse or civil partner of the person (including half and step-brother or half and step-sister);
any child of the person (including adopted and step-child);
any parent or grandparent of the person (including step and adopted parent and grandparent);
an aunt or uncle of the person; or
niece or nephew of the person;
includes the elected and official members of the Cabinet;
includes an office or appointment under the Government;
means the Deputy Governor or the Attorney General;
includes an overseas body having authority, duties, functions or powers similar to those of the Commission, whether called an anti-corruption authority or not;
when used with reference to property include corporations of all kinds and any other association of persons capable of owning property, and also when so used includes the Crown;
means the Royal Cayman Islands Police Service referred to in the Police Act (2021 Revision);
includes not only having in one's own personal possession, but knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or any other person; and if there are two or more persons and any one of them or more of them with the knowledge and consent of the rest has or have anything in that person's or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
includes money and all other property, real or personal, including things in action and other intangible property;
includes batons, handcuffs and other means of restraints, body armour, tasers and pepper spray.
may include any activity performed a single time or continually, whether or not payment is received therefor, which is carried out by —
a person for, or on behalf of or under the direction of a government entity; or
a body, whether a government entity or a private body, providing services to the public.
means —
an organisation —
of which two or more countries, or the governments of two or more countries, are members; or
that is constituted by persons representing two or more countries, or representing the governments of two or more countries; or
an organisation established by, or a group of organisations constituted by —
organisations of which two or more countries, or the governments of two or more countries, are members; or
organisations that are constituted by the representatives of two or more countries, or the governments of two or more countries; or
an organisation that is —
an organ of, or office within, an organisation described in paragraph (a) or (b);
a commission, council or other body established by an organisation so described or such an organ; or
a committee, or subcommittee of a committee, of an organisation described in paragraph (a) or (b), or of such an organ, council or body;
means, subject to the next following definition, an office of emolument in the public service;
includes —
a person holding public office whether temporarily or permanently by appointment, or by the operation of any law;
a judge, a magistrate, an arbitrator, a mediator, an umpire, an assessor, a member of a jury or a referee in any proceeding or matter with the sanction of any court or in pursuance of any law;
a Justice of the Peace;
a member or employee of a statutory tribunal or commission of inquiry;
a member, director or employee of a government company or statutory authority;
a member, director or employee of a not for profit association controlled by the government; and
a person appointed, selected or otherwise engaged to perform a public function;
means the service of the Crown in a civil capacity in respect of the government of the Islands; and
includes stock.

Defined Terms

agentagent provocateuranti-corruption authorityassociatebankbody armourbusinesschief officerCommissionComplaints Commissionercorruption offencecourtdealingdutyevidencestatementexercisefinancial yearforeign countryforeign government bodyforeign public officerfunctionGovernmentgovernment companygovernment entityinvestigating officermember of a familymembers of the Cayman Islands Parliamentofficeofficial member of the Cabinetoverseas anti-corruption authoritypersonownerPolice Servicepossessionpropertyprotective equipmentpublic functionpublic international organisationpublic officepublic officerpublic serviceshare

Cross References