Case Studies
Our case studies contain analysis and discussion points for users to better understand the legal provisions. They also provide suggestions on how to prevent corruption, fraud and malpractices.
Flora was a production supervisor of a handbag manufacturer, which planned to move its Mainland production base to Vietnam. Flora’s boss told her to cut off the central air-conditioning so that the workers would find it intolerable and resign on their own…
The boss wanted to replace Anthony who was Edmond’s friend and colleague. Edmond wanted to tell Anthony the news in advance so that Anthony could get himself prepared.
Bernard’s subordinates Apple and Barry were competing for a new administrative post. Bernard was struggling whether to write a good report for the average performer, Apple, who would not challenge his position in the company…
In a construction project of a commercial complex valued over $500 million, the main contractor employed ten Foremen to monitor the work of sub-contractors. A Site Engineer of the company, who took charge of the Foremen, was responsible for the overall supervision of the project.
The salaries of the Foremen and other workers were calculated on a daily basis. Each of them was required to punch an attendance card when reporting on and off duty every day. The attendance cards and the punching machine were placed in the Engineer’s office so that when the Foremen and other staff reported on or off duty, they had to punch the cards in the Engineer’s office. The Engineer was responsible for ascertaining that his subordinates personally punched the cards. At the beginning of each month, the Engineer was responsible for calculating the salaries of his subordinates based on their individual attendance records for the previous month. His calculations and the punched cards were then sent to the Accounts Department of the company for processing salary payment.
As the family of one of the Foremen, CHAN, was in Mainland China, CHAN would seek every opportunity to go to the Mainland to see his family. One day, CHAN went to see the Engineer and requested for three days’ off. CHAN, however, requested the Engineer not to record his leave but instead punched the attendance card for him so as to show that he was working on the three days. In return, CHAN offered the Engineer $500 for assisting him in punching the attendance card and turning a blind eye to his absence.
The Engineer turned down the offer and reported the matter to the ICAC. Eventually, CHAN was convicted for offering a bribe to the Engineer, contrary to Section 9 of the Prevention of Bribery Ordinance (POBO) and was sentenced to imprisonment.
Questions
- Has the Foreman committed any criminal offence?
- If the Engineer rejects the bribe but still assists the Foreman in falsifying attendance, has the Engineer committed any bribery offence?
- If the Engineer accepts the bribe from the Foreman for assisting him in forging attendance records, what would be the possible consequences to the Engineer?
Cindy was responsible for recruiting shop managers and sales assistants for her company. During the selection process, she realized that one of the candidates was her cousin.