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AAdvantage - Anything of value: money, a gift, employment, service, a payment, a loan of money, discharge of liability, or a gift of money such as "lai see" etc., but not including entertainment, which means food or drinks provided for immediate consumption on the occasion. Although "lai see" is normally given during the Chinese New Year, it is not an excuse to say that it is customary to accept it during festive seasons. According to Section 19 of the PBO, it shall not be a defence that any such advantage is customary in any profession, trade, vocation or calling, and the court will reach its verdict based on whether permission to receive it has been given by the principal.What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Anti-corruption legislation - Extracts of the Prevention of Bribery Ordinance - Section 2 Advice on preventive actions What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks What you should watch out for - Case 4 - At the crossroads How to guard against malpractice Agent - A person acting for or employed by a principal. Under some circumstances, you may also be the agent of your clients if you are performing an act in relation to their business. What you should watch out for - Case 1 - Backhanders What you should watch out for - Anti-corruption legislation Appointing contractors How to guard against malpractice - How to avoid unfair tendering BBriberyWhat you should watch out for - Anti-corruption legislation What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks CConflicts of interest - A conflict of interest arises when personal interest of an engineer competes with the interests of his employer or clients.What you should watch out for - Case 3 - Leaks How to guard against malpractice - How to avoid conflicts of interest Corporate ethics programmes Where to obtain help - How the ICAC can help - Developing corporate ethics programme Corruption What you should watch out for - Anti-corruption legislation What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks EEntertainment - means the provision of food or drink for consumption on the occasion when it is provided, and of any other entertainment connected with such provision. Although entertainment is not considered an advantage under the Prevention of Bribery Ordinance, care should be taken to avoid frequent, lavish and excessive meals or entertainment with business associates.What you should watch out for - Case 2 - Sweet poison What you should watch out for - Anti-corruption legislation - Extracts of the Prevention of Bribery Ordinance - Section 2 Ethics Why ethics concerns you Why ethics concerns you - A guidance to good professional practice Why ethics concerns you - The HKIE's Rules of Conduct Where to draw the line - How to apply professional ethics at work What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks What you should watch out for - Case 4 - At the crossroads ETHICS PLUS decision-making model - The ETHICS PLUS decision-making model has been designed by the Independent Commission Against Corruption (ICAC) as a tool to help you develop the skills you need for exercising sound judgment when you are faced with ethical issues.The model outlines the thinking processes and standards that can be used by engineering professionals to arrive at a chosen course of action in a structured and systematic way. Where to draw the line - ETHICS PLUS decision-making model Where to draw the line - How to apply professional ethics at work Exercise of discretion How to guard against malpractice - How to avoid unreasonable exercise of discretion HHandling of privileged informationHow to guard against malpractice - How to handle privileged information Hong Kong Ethics Development Centre (HKEDC) - The HKEDC has been set up under the auspices of the ICAC's Community Relations Department to help organizations develop corporate ethics programmes that cater to their specific needs. Where to obtain help - How the ICAC can help IICAC - The Independent Commission Against Corruption provides a wide range of services to help professional engineers maintain and enhance a high standard of professional ethics. Its services include:1. Developing corporate ethics programme 2. Providing consultancy services for the prevention of corruption 3. Providing corruption reporting and enquiry services Where to obtain help - How the ICAC can help PPenalties - A person who violates the Prevention of Bribery Ordinance can be subject to a maximum penalty of ten years' imprisonment and a fine of $1,000,000. He may also be prohibited from taking up a management post at a corporation or a public body or from practising in any profession for a period of up to seven years.What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks Prevention of Bribery Ordinance (PBO) - This is the law that combats corruption. It governs both the private and the public sectors. What you should watch out for - Anti-corruption legislation What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks Principal - generally means an employer. In a private organization, the "employer" is the proprietor or the board of directors. As an engineer, however, your principal is not exclusively confined to your employer but, under some circumstances, may also include your clients when you are performing an act in relation to their business. What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Anti-corruption legislation Principal's permission - It is lawful for an agent to accept an advantage in relation to his official duties if he has received the permission of his principal. This permission has to be sought before the advantage is solicited or accepted. If the advantage is accepted without prior permission, the agent must apply for his principal's retrospective approval as soon as possible. When acting as an agent of your clients, you must also obtain their consent in addition to the permission of your employer. What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Anti-corruption legislation - Section 9 Professional ethics Why ethics concerns you Why ethics concerns you - A guidance to good professional practice Why ethics concerns you - The HKIE's Rules of Conduct Where to draw the line - How to apply professional ethics at work What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks What you should watch out for - Case 4 - At the crossroads Professional judgment What you should watch out for - Case 4 - At the crossroads Where to draw the line - ETHICS PLUS decision-making model Where to draw the line - How to apply professional ethics at work How to guard against malpractice - How to avoid unreasonable exercise of discretion RReport CorruptionWhere to obtain help - How the ICAC can help Responsibility to the Profession - A member of the Institution shall order his conduct so as to uphold the dignity, standing and reputation of the Profession. Why ethics concerns you Why ethics concerns you - The HKIE's Rules of Conduct Responsibility to colleagues - A member of the Institution shall not maliciously or recklessly injure nor attempt to injure whether directly or indirectly the professional reputation of another engineer, and shall foster the mutual advancement of the profession. Why ethics concerns you Why ethics concerns you - The HKIE's Rules of Conduct Responsibility to employers or clients - A member of the Institution shall discharge his duties to his employer or client with integrity and in accordance with the highest standards of business ethics. Why ethics concerns you Why ethics concerns you - The HKIE's Rules of Conduct Responsibility to the public - A member of the Institution in discharging his responsibilities to his employer and the profession shall at all times be governed by the overriding interest of the general public, in particular their environment, welfare, health and safety. Why ethics concerns you Why ethics concerns you - The HKIE's Rules of Conduct Rules of Conduct Why ethics concerns you - A guidance to good professional practice Why ethics concerns you - The HKIE's Rules of Conduct What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks What you should watch out for - Case 4 - At the crossroads Where to draw the line - How to apply professional ethics at work SSection 4 of the Prevention of Bribery Ordinance
- The spirit of this provision is to
prevent public servants from abusing authority for personal gain and
to safeguard the community's interests. Section 19 of the Prevention of Bribery Ordinance
- In any proceedings for an offence under
the PBO, it shall not be a defence to show that any such advantage as
is mentioned in the PBO is customary in any profession, trade, vocation
or calling. TThe Hong Kong Institution of Engineers (HKIE) - It is the only statutory qualifying body for engineers in Hong Kong. Bringing together engineers of different disciplines, it works towards the common good of the profession while ensuring that high ethical standards are maintained.Where to obtain help - Support from the HKIE Tendering How to guard against malpractice - How to avoid unfair tendering Tips on handling the offering and acceptance of advantages 1.Seek guidance from your employer. 2.Avoid being "sweetened". 3.Before offering an advantage, ensure the recipient has his principal's permission to accept it. What you should watch out for - Case 1 - Backhanders What you should watch out for - Case 2 - Sweet poison What you should watch out for - Case 3 - Leaks Tips on identifying proprietary information or information of value Useful questions for evaluating whether information is of value to a third party: 1.Has the information been made public yet? 2.Will the release of information affect the interest of stakeholders, including employers, clients, or members of the public? For example, will it violate the privacy of individuals or cause financial loss to the company, etc.? 3.Will a third party treat the information as relevant for determining what action to take to secure a benefit? For example, will it help them win a tender? If in doubt, you should consult your employer or the designated person in your company, e.g. the compliance officer. What you should watch out for - Case 3 - Leaks Tips on maintaining objectivity at work If you suspect there is a conflict of interest when handling your employer's affairs, you should declare to your employer: 1.any private interest which may affect your judgment in the performance of your duties; 2.any investment held by you or your close relatives which may lead to a conflict of interest; 3.any decision which may ultimately prejudice the interests of other clients; or 4.if you are asked to work on an area where you already have a private interest. What you should watch out for - Case 3 - Leaks VVerbal agreements count - Both the parties offering and receiving a bribe are liable to prosecution as long as a verbal agreement of corruption has been reached, and both parties will be guilty even if the intended purpose of the bribery is not carried out. Under Section 11 of the PBO, if it can be proved that the recipient accepted an advantage as a reward for favours done to the benefit of the person offering the bribe, it cannot be considered a defence that: (a) he did not actually have the power to grant the favour; (b) he accepted the advantage without intending to grant the favour; or (c) he did not in fact grant the favour.What you should watch out for - Case 3 - Leaks |
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