The achievements of Hong Kong’s construction industry are certainly attributed to the strenuous efforts of frontline workers. However, in recent years, the ICAC has investigated many cases of illegal "referral fees" in the construction industry.

Workers have not only been solicited illegal referral fees by foremen when finding jobs, they have also been asked for money even after employment, like the following scenario ...

Foreman: Hey dude, having lunch?

Worker: Yes

Foreman: Let me remind you, after receiving your first paycheck, remember to "refund" me as part of our trade practice. Let me take a bite

Worker: Refund you from my paycheck is a trade practice… Snatching my food is also a trade practice?

Foreman: It's not just about the trade practice, look at your awful craftmanship. Pay me quickly so that I can find someone to clean up your mess. Do you understand?

Worker: Blame me before the work is even done, It's an obvious blackmail

Foreman: Sorry, I chugged it.

Foreman: Woh, breakfast

Worker: Good morning

Foreman: Give it to me

Worker: The breakfast is mine

Foreman: I haven't had breakfast yet, and I feel so hungry

Worker: But it's mine…

Foreman: So what?

Worker: It's mine…

Foreman: I play by rules and never take things from others. You are an unskilled worker but getting paid as a semi-skilled worker. Remember to return me the differences you earn. Don't forget to return me the differences!

Worker: What differences?

Foreman: Are you kidding me? You don't know what the differences are? Do you want to live paycheck to paycheck? Do you want to resign? Just let me know!

Worker: No

Foreman: That's good

Foreman: Rebate me, trade practice, awful craftmanship

Worker: Huh, I work around the clock just for making ends meet, but this Foreman still deprives me with various excuses

The foreman made use of his position to demand advantages from a frontline worker and threatened him with job loss or termination should he refuse to comply. The solicitation for a bribe by the foreman might have already breached the "Prevention of Bribery Ordinance". The worker might also have breached the law if he agreed to the foreman’s request so as to keep his job.

A bribery act involves acceptance of “advantage”, which is defined by the law as almost anything of value. There is no monetary limit to the definition of advantage, so do not think that a trivial amount of "tea money" or "rebate" would not commit an offence. 

Although the foreman claimed that the "rebate" is just a trade practice in the construction industry, this is not a defence if it involves corruption. Both the offeror and recipient of a bribe will breach the law. The maximum penalty for violating the "Prevention of Bribery Ordinance" is 7 years' imprisonment and a fine of $500,000.

If you suspect that someone has committed corruption or solicited bribes from you, you should refuse immediately and report to the ICAC as soon as possible. 

Reporting corruption is very easy and there's no need to make an appointment. All reports will be handled in strict confidence.

24-hour Report Corruption Hotline: 25 266 366