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Martin had joined a construction company as a site agent for a few months. He was responsible for supervising various sites at the same time.
One of the work sites that Martin supervised was subcontracted to King who was a relative of Martin’s supervisor, Luther. Martin visited the work site a few times but was dissatisfied with the standard and the progress of King’s work which was already behind the original schedule. King explained that the reason was the shortage of supply in concrete. After a number of heated discussions, King asked Martin to increase the supply of concrete and speed up its delivery to the work site in order to improve the standard and to catch up with the schedule.
Martin had his doubt. He explained that agreed procedures and supplies must be adhered to in all projects. King then offered Martin a certain amount of cash as a ‘token’ of sincerity if Martin agreed with his proposal. King added that the most important thing was to finish the project on time. King further ensured Martin that this was a common practice in the industry and therefore Martin needed no worry. Feeling the pressure of the work schedule, Martin was not sure what he should do….
What offence would Martin and King commit if they went ahead with their conspiracy? What should Luther do if Martin reported to him the matter about King who was also his relative?
Case Analysis
1. Martin and King might commit a corruption offence if they carried out the conspiracy.
Under Section 9 of the Prevention of Bribery Ordinance, it would be a corruption offence if Martin (an employee), without the approval of this employer, accepted the advantages (a certain amount of cash as a ‘token’ of sincerity) from King for increasing the supply of concrete and speeding up its delivery to the work site to improve the standard and the progress of King’s work. Meanwhile, King might also commit a corruption offence by offering bribes to Martin.
2. Be vigilant when handling conflict of interest
Since Luther and King were relatives and that Luther’s construction company supervised King’s work in the work site, there was a conflict of interest in this situation. The proper way to handle conflict of interest was to avoid and to declare the situation of conflict of interest to the company. Meanwhile, Luther should also stay vigilant and objective by not showing any nepotism and favouritism.