3. Corruption pitfalls
Video 8 – Kung Hei Fat Choi
Case analysis
Angela
- ● It is right and proper for Angela to reject Jason’s red packet.
- ● She should report the matter to the bank management in accordance with the HKMA Supervisory Policy Manual – Code of Conduct. (Please refer to para 2.12 of the Code: Reporting responsibility)
- ● She is in breach of the Code as she does not disclose to the bank her relationship with Jason as ex-colleagues before inviting him to submit a quotation. (Please refer to para 2.4 of the Code: Conflicts of interest)
Jason
- ● It is a criminal offence under section 9 of the Prevention of Bribery Ordinance (PBO) for Jason to offer a red packet to Angela as a reward. He is liable no matter whether Angela finally accepts the red packet or not.
Other points to note
- ● Under section 19 of the Prevention of Bribery Ordinance (PBO), it shall not be a defence for offenders to claim that any advantage accepted or offered is customary in any profession, trade, vocation or calling.