Skip to content (Press enter)
Service Hotline2826 3288
Home
Sector / Industry
Listed Companies SMEs and Start-ups Insurance Banking and Finance Construction Accounting Catering Medical and Healthcare Others
Integrity Focus
Recent ICAC Cases Anti-Corruption Laws in Hong Kong Corruption Myths Cross-Boundary Business Operations Conflict of Interest Ethical Decision Making
Resources
Case Studies Practical Guides Feature Articles Training Videos E-Learning Materials Publicity Materials Code of conduct
Services
Promotional Video & Clients' Feedback Anti-Corruption and Ethics Training BEDC Channel Consultancy Services Corporate Ethics Health Checklist Request for Service What's New E-News Subscription
About Us
Mission Silver Jubilee 25th Anniversary Event History Advisory Committee Contact Us
2826 3288Service Hotline
EN
EN繁简
A
Font Size: Small (A) Font Size: Normal (A) Font Size: Larger (A)
Home>Integrity Focus>Anti-Corruption Laws in Hong Kong>Public Sector Corruption
Menu
Recent ICAC Cases Anti-Corruption Laws in Hong Kong
Private Sector Corruption Public Sector Corruption Anti-corruption laws at a glance
Corruption Myths Cross-Boundary Business Operations Conflict of Interest
What is conflict of interest? Examples of conflict of interest Problems arising from conflict of interest How to handle conflict of interest? How well are we managing conflict of interest?
Ethical Decision Making

Anti-Corruption Laws in Hong Kong

Public Sector Corruption

Self Photos / Files - 3-2-2-17Government officers, employees or members of public bodies are defined as public servants in the POBO.  Business operators or their representatives should understand the relevant provisions governing the acceptance of advantages by public servants to avoid breaching the law inadvertently.  

Section 4 (1) of the POBO – offering bribes to public servants
1 3-2-2-18 Any person (A company computer director)
  • Any person (e.g. a director of the computer equipment company ) offering advantages to public servant (e.g. a staff member of a publicly-funded university)
2 3-2-2-19 Without lawful authority or reasonable excuse
  • Lawful authority or reasonable excuse generally refers to the legal provisions as well as administrative rules, regulations and internal guidelines of the public body

 

  • Employees of public body are not allowed to accept any work-related advantages without written permission from the principal
3 3-2-2-20 Advantage (gives rebate to a technician of a publicly-funded university)

Offering advantages:

  • Advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc. (entertainment excluded)
4 3-2-2-21 Act (for the technician's assistance in securing purchase orders of audio and visual equipment)
  • An Act in relation to public servant’s capacity (e.g. causing the university to award purchase orders to the computer equipment company)
QDoes the above company director violate Section 4 of the POBO?

The above technician is a public servant as he is employed by a publicly-funded university, i.e. a public body specified by the POBO.    

 

The company director violates Section 4(1) of the POBO because he, without lawful authority or reasonable excuse, offers rebates (i.e. advantages) to the public servant as a reward for the public servant’s  assistance in securing purchase orders from the university (i.e. an act in relation to the public servant’s capacity).    

 

The public servant who solicits or accepts the rebate, without lawful authority or reasonable excuse, also violates Section 4(2) of the POBO. 

Section 8 of the POBO – offering advantages to public servants
1 3-2-2-22 Any person (a government subcontractor)
  • Any person (e.g. a construction subcontractor) offering advantages to a public servant (e.g. an officer of a government department)
2 3-2-2-23 Without lawful authority or reasonable excuse
  • Lawful authority or reasonable excuse generally refers to the legal provisions as well as administrative rules, regulations and internal guidelines of the government

 

  • Government employees are not allowed to accept any work-related advantage
3 3-2-2-24_1 Offer advantages to any public servant (gives a dozen boxes of mooncakes to an officer of a traffic team)

Offering advantages:

  • Advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc. (entertainment excluded)
4 3-2-2-24 While having official dealings with public servant's department (traffic team's approval is required for commencement of works)
  • Having dealings with the public servant’s office or department (e.g. requiring the approval of the traffic team of a law enforcement agency)
QI have no intention to bribe, will I breach the law if I offer advantages to a public servant?

According to Section 8 of POBO, it is an offence for any person, without lawful authority or reasonable excuse, to offer advantages to any public servant while having dealings with the public servant’s office or department. The offer does not need to be a reward or an inducement for any reciprocal act by the public servant.

3 Quick tips for business operators and representatives
3-2-2-6

Don’t bribe any public servant in exchange for favours at work

3-2-2-7

Don’t offer advantages to any public servant while having official dealings with the latter / the latter’s department

3-2-2-8

Adhere to high ethical and probity standards in managing working relationship with public servants

​
Back To Top