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2. Laws and regulations

Prevention of Bribery Ordinance (Cap 201, Laws of Hong Kong)

Bribery involving private sector employees

Section 9 of the PBO aims to maintain a fair business environment and to prevent employees from abusing the trust that the employer has placed upon them. It is an offence for:

• ●　any employee (such as a bank staff member)
• ●　without the permission of his principal
• ●　soliciting or accepting any advantage
• ●　to affect his doing or forbearing to do any act in relation to his principal’s affairs.

It is also an offence for:

• ●　any person
• ●　without the permission of the employee’s principal
• ●　offering any advantage to the employee
• ●　as an inducement to or reward for the employee’s doing or forbearing to do any act in relation to his principal’s affairs.

Section 9(3) of the PBO stipulates that it is an offence for:

• ●　any employee (such as a bank staff member)
• ●　with intent to deceive his principal
• ●　using any false, erroneous or defective receipt, accounts or other documents to mislead his principal
• ●　in respect of which his principal is interested.

Maximum penalty: A fine of HK$500,000 and imprisonment for 7 years

Full text of section 9 of the PBO