公营机构贪污
Government officers, employees or members of public bodies are defined as public servants in the POBO. Business operators or their representatives should understand the relevant provisions governing the acceptance of advantages by public servants to avoid breaching the law inadvertently.
- Any person (e.g. a director of the computer equipment company ) offering advantages to public servant (e.g. a staff member of a publicly-funded university)
- Lawful authority or reasonable excuse generally refers to the legal provisions as well as administrative rules, regulations and internal guidelines of the public body
- Employees of public body are not allowed to accept any work-related advantages without written permission from the principal
Offering advantages:
- Advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc. (entertainment excluded)
- An Act in relation to public servant’s capacity (e.g. causing the university to award purchase orders to the computer equipment company)
The above technician is a public servant as he is employed by a publicly-funded university, i.e. a public body specified by the POBO.
The company director violates Section 4(1) of the POBO because he, without lawful authority or reasonable excuse, offers rebates (i.e. advantages) to the public servant as a reward for the public servant’s assistance in securing purchase orders from the university (i.e. an act in relation to the public servant’s capacity).
The public servant who solicits or accepts the rebate, without lawful authority or reasonable excuse, also violates Section 4(2) of the POBO.
- Any person (e.g. a construction subcontractor) offering advantages to a public servant (e.g. an officer of a government department)
- Lawful authority or reasonable excuse generally refers to the legal provisions as well as administrative rules, regulations and internal guidelines of the government
- Government employees are not allowed to accept any work-related advantage
Offering advantages:
- Advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc. (entertainment excluded)
- Having dealings with the public servant’s office or department (e.g. requiring the approval of the traffic team of a law enforcement agency)
According to Section 8 of POBO, it is an offence for any person, without lawful authority or reasonable excuse, to offer advantages to any public servant while having dealings with the public servant’s office or department. The offer does not need to be a reward or an inducement for any reciprocal act by the public servant.
Don’t bribe any public servant in exchange for favours at work
Don’t offer advantages to any public servant while having official dealings with the latter / the latter’s department
Adhere to high ethical and probity standards in managing working relationship with public servants
