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Case Studies
Unauthorised outside work leading to corruption
Kenny, a senior engineer of a telephone company, was approached by his friend Philip, an engineering company's proprietor, for assistance in his business in trading communications equipment.
Since Kenny was responsible for overseeing telecommunication network design and procurement of communications equipment, Philip requested him to make recommendations to the telephone company for purchasing the products of Philip’s newly established company. In return, Philip promised to employ Kenny as a consultant of his company.
Agreeing to the proposal, Kenny then helped in making Philip’s company an authorised vendor of the telephone company and lined up transactions for him.
Case Analysis
An outside employment is an advantage under the Prevention of Bribery Ordinance (POBO). If Kenny accepted the consultant post for making Philip’s company an authorised vendor of the telephone company, he might be charged of acceptance of bribe. Philip might also be charged of offering of bribe. Both of them would commit an offence under Section 9 of the POBO.
Besides, there would also be a potential conflict of interest for Kenny to take up the consultant post in Philip’s engineering company even if no bribery was involved. Kenny should declare his interest by informing his employer in writing of this outside employment.