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Ethics in Practice : E-Learning Package for Professional Engineers | Graphic version
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Ethics Plus decision-making model How to apply professional ethics at work Case study: Winston - the whistle-blower [ Friendly print ] Winston is an electrical engineer at Interests Engineering Company, where he is responsible for overseeing the work of subcontractors and handling their invoices and other claims. Thanks to his outstanding performance, he is recommended by his immediate boss, Ryan, for speedy promotion to fill a vacancy left by a senior engineer in another department. In the meantime, Winston is assigned to supervise the wiring works for an audio system at a very large commercial complex. When Ryan is on leave one day, Winston is asked by the Accounts Department to sign off on an invoice for $140,000 from a subcontractor called First-line Cable Works for the laying of cables in the complex. Knowing that First-line is not involved in the project, Winston questions Ryan about the matter when he returns to work the next day. Ryan tells him to process the invoice as if it is a totally normal claim. He explains that the money is to pay an engineering staff at the client 's company who has helped them obtain the contract in the first place and who has promised to ensure that the project runs smoothly. Winston realises that the payment can mean an illegal bribe and urges Ryan not to offer the money. What Ryan does not tell Winston is that he is himself pocketing money from the project after conspiring with the client's engineering staff to inflate the project's tender price. To hide the malpractice, Ryan asks Winston to keep his mouth shut and to process the claim using a false work order. In return, he will help Winston secure his promotion. Winston hesitates. He does not know what to do. Should he keep silent? He'll be betraying his professional ethics if he does. Or should he blow the whistle? But then won't he be betraying Ryan, his supervisor? What will happen to the stakeholders? If I cover up the matter... If I don't cover up the matter... Me No one will find out if I process the claim using a false work order endorsed by me and countersigned by Ryan. I can secure my promotion. My career will be ruined if it is found out that I have collaborated with Ryan. I fail to fulfil my professional ethical responsibilities. I will face legal and disciplinary action from the company, my professional body and the law enforcement authorities. It will reflect badly on me if the irregularities are detected and it is discovered that I remained silent even though I knew what was going on. Me It will ruin my prospects for promotion if Ryan manages to cover up his malpractice after I report it. I will betray Ryan. I will ruin my relationship with Ryan, who has always treated me well. I feel as if I owe Ryan something, as he has recommended me for a speedy promotion. Back to top If I cover up the matter... If I don't cover up the matter... Ryan He will continue to commit this kind of malpractice if no one stops him. He will face even heavier legal and disciplinary action if his illegal and unethical practices are detected by other people at a later stage. Ryan It will ruin his engineering career if he is found to be involved in illegal practices. He will face legal and disciplinary action from the company, his professional body and the law enforcement authorities. It will stop him from committing even more serious instances of malpractice. Back to top If I cover up the matter... If I don't cover up the matter... My company/clients 1.   They will suffer a direct financial loss from the fraud. 2.   The company's corporate culture will deteriorate and its development will be affected if staff only care about their self-interest. 3.   It is unfair to other staff if Ryan's misconduct is tolerated. 4.   Confidence in the company will be lost if it is found to tolerate unethical and illegal practices. The engineering profession 5.   Its reputation will be tarnished and its credibility impaired if its members are found to have committed illegal and unethical practices. 6.   Public confidence in the profession and its members will be undermined. My company/clients 1.   I protect the interests of my company/clients. 2.   I prevent the financial loss to my company/ clients caused by Ryan's malpractice. The engineering profession 3.   I uphold the dignity and reputation of the profession. 4.   I maintain public confidence in the profession. Back to top What are the legal and ethical concerns? Professional codes of conduct and company rules HKIE Rules of Conduct Prohibit any engineer from receiving or offering illegal advantages. Require an engineer to offer his complete loyalty to his employer and clients. Require an engineer to bring to the notice of the HKIE any evidence of unethical, illegal or unfair professional practice. Company rules Are there any company guidelines governing the offering and acceptance of advantages? Legal requirements Section 9 of the Prevention of Bribery Ordinance Prohibits an engineer from offering or accepting advantages without the permission of his employer or client (in case the engineer also works as an agent for the client) when discharging official duties in relation to his employer or client. Prohibits an engineer from using any false documents, receipts or accounts to deceive his principal, including his employer or client. Prohibits an engineer from conspiring with others in the offence of corruption. Criminal Procedure Ordinance Prohibits an engineer from accepting a reward in return for covering up an arrestable offence. Theft Ordinance Prohibits an engineer from conducting fraud by using false documents. Uncompromising self values Are there any alternatives that would live up to my personal values, such as honesty, fairness and trustworthiness in the performance of my duties? Sunshine test Can I disclose my decision to any parties, such as my company, colleagues, friends and family members, without any sense of misgiving?   Back to top