2. Laws and regulations

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

Terms and definitions

●　Generally the company by which the staff member is employed. For a bank staff member, his “principal” means the bank.

●　Anything that is of value, such as money, gifts, loans, rewards, commissions, employment, contracts, service, favours and discharge of liability whether in whole or in part. Entertainment is not included.
●　“Tip money”, “red packet money” and “tea money” are advantages, irrespective of the amount of value.

●　Food and drink for consumption on the occasion when it is provided and any other entertainment provided at the same time.
●　Note: Although the Prevention of Bribery Ordinance does not prohibit the acceptance of entertainment, regulatory bodies and banks have set out guidelines limiting the circumstances under which employees may accept entertainment.

●　Normally, the employee should obtain his principal’s permission before soliciting or accepting an advantage.
●　If permission has not been obtained before accepting an advantage, the employee should seek retrospective permission from his principal as soon as reasonably possible.

Points to note

●　It shall not be a defence to show that any such advantage accepted or offered is customary in any profession, trade, vocation or calling.

●　The offeror and the acceptor are liable even if only a verbal agreement of corruption is reached and the purpose of bribery has not been carried out.

●　A fine of HK$500,000 and imprisonment for 7 years if contravening section 4, 8, 9 or 9(3).
●　Payment of the full or partial amount or value of the advantages received by the offender to such person or institution as the court directs.

Full text of the PBO