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Case Studies
Leaking tender information
An engineering graduate joined a construction company as an assistant engineer and was responsible for collecting tenders for specialist services. He came to know a sub-contractor who was particularly on good terms with him as they were both e-sports lovers.
When time came for a tender to be made for a fire-proofing job, the sub-contractor invited the assistant engineer out to a sumptuous dinner over which he suggested a deal. The assistant engineer was suggested to go through the tenders secretly and inform the sub-contractor about the lowest bid by texting a code to him. The sub-contractor would then beat that price and get his bid in just before the closing time. In return, the sub-contractor promised to give the assistant engineer a big "laisee" in the coming Lunar New Year. To win the young fellow over, the sub-contractor said that someone would get the project any way and he was as good as anyone else.
Case Analysis
Corruption will inflate project costs and impair fair competition. The quality of work would also be in question if the sub-contractor was not chosen by an objective assessment of its competence and capability.
If the assistant engineer leaked the tender information to the sub-contractor, he would breach the Rules of Conduct of the Hong Kong Institution of Engineers, which prohibited engineers from disclosing confidential information and require them to act in the best interest of the employers.
He might also commit a corruption offence under Section 9 of the Prevention of Bribery Ordinance (POBO) if he accepted an advantage as a reward for leaking the confidential tender information to the sub-contractor.
Although the “laisee” might be given in the Lunar New Year, the assistant engineer could not excuse himself by saying that the acceptance was a customary practice during festive seasons as that would not be accepted as a defence under the POBO.