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Gain from authority
Emma headed the procurement department for a large chain restaurant and was responsible for purchasing kitchen equipment and supplies for various branches. Emma’s husband, Eric, owned a kitchen equipment trading company.
Recently, the restaurant decided to replace a batch of kitchen equipment. This provided a good business opportunity for Eric’s company. Emma invited Eric to submit a bid for the tendering exercise and decided to leverage her authority in the procurement department to help him secure the contract. During the tender evaluation, Emma deliberately altered other suppliers' quotations, intentionally inflating their prices to ensure Eric’s company could obtain the contract with the lowest bid. As a result, Eric’s company was awarded with multiple procurement contracts. Throughout this process, Emma never disclosed her marital relationship with Eric in declaration documents to the restaurant.
Case Analysis
According to Section 9(3) of the Prevention of Bribery Ordinance (POBO), any agent who uses false, erroneous or defective receipts, accounts or other documents with an intent to deceive his principal shall be guilty of an offence. Emma intentionally concealed her conflict of interest and did not disclose her marital relationship with Eric in declaration documents. She also deliberately altered the quotation documents submitted by other bidders, which contained false information to deceive the restaurant in awarding the contracts to her husband. Emma might contravene Section 9(3) of the POBO or other criminal offences such as deception and fraud, and her husband might also be guilty of conspiracy to defraud.
Additionally, Emma invited her husband to submit bid for the tendering exercise, placing herself in a conflict of interest situation. This would make it difficult for Emma to perform her duties impartially and may even lead to suspicions of corruption. Employees should strive to avoid conflict of interest as far as possible and make timely declarations strictly adhering to internal guidelines.