Corruption Prevention Advisory Service

There is no monetary limit to the definition of advantage under the Prevention of Bribery Ordinance. One is liable if he gets involved in a bribery act, regardless of the amount of the bribe.

A bribe offeror may also be guilty of an offence.

An employee should observe the company's policy on acceptance of advantages (e.g. permissible value, circumstances and reporting procedure).

According to the Prevention of Bribery Ordinance, loan is a kind of advantage, regardless of whether it is repaid or any interest is charged.

Any person who offers or solicits a loan with a corrupt intent shall be guilty of an offence.

Gifts and fruit hampers are advantages. It is not against the law if they are offered to client companies, but if they are offered to staff of clients out of a corrupt motive, the offeror may still commit an offence. "Customs" or "trade practice" cannot constitute a defence.

Even if no corruption is involved, staff of the client should observe the company's policy on acceptance of advantages (e.g. permissible value, reporting procedure).

An agent refers to anyone who is employed by or acting for another person, including employees, consultants or one being authorised to act on behalf of another.

An agent should seek approval from his principal for accepting advantages in relation to his principal's business or affairs.

However, if a person offers commission to an individual staff as a reward for business referral without the approval of the staff's company, both the offeror and the recipient shall be guilty of a bribery offence.

"Trade practice" does not constitute a defence for bribery.

A conflict of interest situation arises when the private interests of a staff member conflict with the interests of the company, for instance a staff member awarding a contract to a company owned by him or his relatives or friends.

Concealing any conflict of interest in relation to one's official duties to benefit himself or his associates may constitute a breach of the Prevention of Bribery Ordinance or other criminal law. Staff members of business organisations are reminded to avoid conflict of interest situations arising in the workplace and to make timely declaration to their employers.

Management should also formulate clear policies and declaration mechanism on conflict of interest and ensure that staff act in accordance to the policies.

A company director is also an agent of the company. Without the approval of the board of directors, a director may commit an offence if he accepts any advantage as an inducement to or a reward for abusing entrusted power.

A director should act as a role model and comply with the company’s policies on acceptance of advantages.

You should report the lucky draw prize to the company as you were attending the supplier's event in an official capacity.

Proper handling of work-related advantages can avoid conflict of interest in your future dealings with the supplier or even falling into a corruption trap.

An employee (agent) should obtain approval of his employer (principal) for accepting advantages in relation to the principal’s affairs. Merely informing the supervisor does not mean getting the approval.

Furthermore, a supervisor is also an agent of the company. Unless the company has delegated the approving authority to the supervisor, the supervisor's approval does not have any legal effect.

The employee should observe the relevant guidelines in the company’s Code of Conduct.

An employee who, deceives his employer with false documents (e.g. false attendance record), may breach the Prevention of Bribery Ordinance.

Common misbehaviours among colleagues may not only violate the company’s code of conduct, it may also breach the law.

If any part of the bribery act (including offering, soliciting or accepting a bribe) takes place in Hong Kong, it may still be pursued by the ICAC under the Prevention of Bribery Ordinance.

One should comply with the corresponding local anti-corruption laws when conducting business overseas.

Full evidence is not required when lodging a complaint. Report if you have reasonable doubt.

Complainants only need to state the known facts of the suspected case, and ICAC will follow up according to the information provided.

Turning a blind eye to corruption may jeopardise the interests of the company and other stakeholders.

If a person intends to conceal or harbour any bribery acts, he may breach the company’s code and even be implicated in the crime.

Protect yourself, report corruption!