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Even if a bribe is not honoured, an offence is still committed
A businessman, Ken, applied through a consultant firm, for a HK$27 million fixed-term loan from a bank. He applied in the name of his company, putting up his own property as collateral. Stephen, the director of the consultant firm, told Ken that the bank manager privately asked for a commission equivalent to three per cent of the secured loan as a reward for approving his application, and that he could help transfer the money to the bank manager. So Ken issued a post-dated cheque for HK$810,000 made payable to a company set up by Stephen. They also drew up and signed a bogus purchase contract for HK$810,000 as a way of covering up the real intent of the money.
Because of the poor economic environment, Ken was unable to repay the loan. The value of the property Ken had put up as collateral had fallen sharply, and the bank pressed Ken hard to repay the loan. Ken then contacted the bank manager directly to assure him that the post-dated cheque for HK$810,000 would be honoured. Not knowing what Ken meant at first, the manager was quick to realise that someone might have used his name to accept advantages. He immediately checked through all the relevant documents and reported the matter to the ICAC.
Case Analysis
Ken had followed Stephen's advice and issued a post-dated cheque for HK$810,000 for the specific purpose of offering a bribe. So long as the offeror believes that the advantage is a reward for favours done in relation to one's duties, he has already committed an offence of offering a bribe under the Prevention of Bribery Ordinance. This is true, regardless of whether the target of the bribe receives the advantage or not.
Since Stephen was not the person responsible for approving the loan application, he was not actually accepting a bribe directly, but he was guilty of deceiving the businessman of HK$810,000. He contravened the law, even though the post-dated cheque was never honoured.