Entertainment
"Entertainment" means the provision of food or drink for consumption on the occasion when it is provided, and of any other entertainment connected with or provided at the same time.
One should avoid lavish or frequent entertainment.
Use of False Documents to Deceive Principal
Section 9(3) of the POBO
Any agent uses any receipt, account or other document which is false/erroneous/defective
With intent to deceive his principal
Shall be guilty of an offence
Maximum penalty: Seven years’ imprisonment and a fine of $500,000
Private Sector Corruption
Section 9 of the POBO
Agent
Employee of a private organisation
e.g. professional staff of a consultant firm
Advantage
Accepts/Solicits advantage
Act
An Act in relation to employer’s business
Without Approval
Approval from the employer e.g. consultant firm
Maximum penalty: Seven years’ imprisonment and a fine of $500,000
Bribery in relation to Public Contracts
Section 5 of the POBO
Any person offers an advantage to a public servant
For giving assistance in securing contracts from the *public body
Both the offeror and recipient of the advantage shall be guilty of an offence
* Public body includes the Government and any board, commission, committee or other body specified in Schedule 1 of the POBO.
Maximum penalty: Ten years’ imprisonment and a fine of $500,000
Bribery in relation to Tenders
Section 6 of the POBO
Any person offers an advantage to any other person
For not making a tender in relation to a public body’s project
Both the offeror and recipient of the advantage will commit an offence
Maximum penalty: Ten years’ imprisonment and a fine of $500,000
Dealings with Public Servants
Section 8 of the POBO
Any person
While having dealings of any kind with a public body
Offers any advantage to any public servant employed by that public body
Shall be guilty of an offence
Maximum penalty: Seven years’ imprisonment and a fine of $500,000
Public Sector Corruption
Section 4 of the POBO
Agent
Public servants e.g. government and public bodies employee
Advantage
Accepts/ Solicits advantage in Hong Kong or elsewhere
Act
An act in public servant’s official capacity
Without Approval
- Without lawful authority or reasonable excuse
- Without public body’s written permission
Maximum penalty: Seven years’ imprisonment and a fine of $500,000
Bribery in relation to Public Contracts
Section 5 of the POBO
Any public servant
Without permission of the public body
Solicits or accepts an advantage for giving assistance in securing contracts from the public body
Both the offeror and recipient of the advantage shall be guilty of an offence
Maximum penalty: Ten years’ imprisonment and a fine of $500,000
Acceptance of Advantages by Government Officers
Section 3 of the POBO
Any *prescribed officer or staff working in the government
Without the general or special permission of the Chief Executive
Solicits or accepts any advantage
Shall be guilty of an offence
* Prescribed officer includes any person holding an office of emolument, whether permanent or temporarily, under the government.
Maximum penalty: One year’s imprisonment and a fine of $100,000
Misconduct in Public Office (MIPO)
The misconduct must be deliberate rather than accidental.
Wilful misconduct without reasonable excuse or justification is culpable.
Key elements of MIPO:
A public official;
In the course of or in relation to his public office;
Wilfully misconducts himself; by act or omission (for example, by wilfully neglecting or failing to perform his duty);
Without reasonable excuse or justification; and
Where such misconduct is serious, not trivial, having regard to the responsibilities of the office and the office-holder, the importance of the public objects which they serve and the nature and extent of the departure from those responsibilities
Misconduct in Public Office
A public officer, even if his misconduct does not involve any bribery, may commit MIPO if he:
- misuses his official position for pecuniary gains (whether for himself or others); or
- uses his discretionary power improperly; or
- dishonestly shows partiality to a contractor; or
- wilfully neglects to perform his duties
Maximum penalty: Seven years’ imprisonment and a fine