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The wrong connections
Having worked as a tourist guide for a travel agency for ten years, Andy was assigned to guide inbound Mainland tour groups. A business agreement was made by his company with a number of chartered jewellery shops. The travel agency arranged a stop at the shops for their tourists while the shops returned 10% rebates of the total purchase made by the tourists. It was also the policy of the travel agency that no individual staff member could solicit or receive any advantages in relation to the company’s business without the company’s permission.
One day, Andy received a Mainland tour group escorted by a Mainland tourist guide Xiao Wang. As usual, Andy brought the tourists to a chartered jewellery shop. After settling the tourists, Andy had a chat with Tom, the shop proprietor. Tom remarked that Mainland groups always brought him good profits. Taking the opportunity to recover his recent gambling losses, Andy immediately implied if Tom gave him an extra 5% rebates on top of the 10% to the company, he would arrange more tourist visits to Tom’s shop. Andy also argued that his enthusiastic promotion and recommendation would have a significant influence to the tourists when purchasing in Tom’s shop. Unable to bear the possible loss, Tom reluctantly succumbed to Andy’s solicitation. To recover from the extra 5% rebates to Tom personally, Tom also tricked tourists to buy purported branded products at up-market prices.
That evening, after the tourists settled in a hotel, the Mainland tourist guide Xiao Wang asked Andy for a red packet which would could bring them both good luck and smoothen their future cooperation.
Case Analysis
According to Section 9 of the Prevention of Bribery Ordinance (POBO), it would be an offence for Andy (an employee of the travel agency), without his company’s permission, to solicit advantage (the extra 5% rebates from Tom) for bringing more tourists to Tom’s shop. Andy might also breach the Travel Industry Council Code of Business Practice on Inbound Package Tours because of his solicitation.
Tom might also violate POBO for offering bribes. When being asked for bribes from Andy, Tom should immediately reflect to the travel agency and report the attempted corruption to the ICAC. Also, his malpractice of selling purported branded products at mark-up prices might breach the Code of Practice issued by the Quality Tourism Services Association.
Wang’s solicitation of the red packet might also constitute a corruption offence. Despite being a Mainland tourist guide, Wang needed to observe the POBO when escorting tourist groups in Hong Kong and obtain his employer’s permission before he solicits or accepts any advantage.