公營機構貪污

23

corruption-text

根據《防止賄賂條例》的定義，政府人員及公共機構僱員或成員均屬公職人員。營商者及其代理人應熟悉規管公職人員接受利益的相關法律條文，以免誤觸法例。

Any person

A company computer director

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)

Without lawful authority or reasonable excuse

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

Advantage

gives rebate to a technician of a publicly-funded university

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)

Act

for the technician's assistance in securing purchase orders of audio and visual equipment

An Act in relation to public servant’s capacity (e.g. causing the university to award purchase orders to the computer equipment company)

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有。

上述技術人員受僱於政府資助的大學，即《防止賄賂條例》所訂明的公共機構，因此屬於公職人員。該公司董事觸犯《防止賄賂條例》第4(1)條，因其在無合法權限或合理辯解的情況下，向該公職人員提供回佣（即利益），作為對方協助其公司取得該大學的採購訂單（即與公職人員身分有關的行為）的報酬。

此外，該公職人員在無合法權限或合理辯解的情況下，索取或接受回佣，亦觸犯《防止賄賂條例》第4(2)條。

Any person

a government subcontractor

Any person (e.g. a construction subcontractor) offering advantages to a public servant (e.g. an officer of a government department)

Without lawful authority or reasonable excuse

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

Offer advantages to any public servant

gives a dozen boxes of mooncakes to an officer of a traffic team

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)