LAM's including brothers's contractor company, XYZ, into the approved list
Conflict of interest
Inappropriate exercise of
discretion
LAM's revealing quotation prices to brother
Unauthorised release of market sensitive information
LAM's making up other competing quotations
LAM's circumventing the proper tendering process
Dishonesty in discharge of duties
Acquisition of shares of XYZ Company by LAM's wife
Serious conflict of interest
LAM's giving favourable recommendations leading to award of contracts to XYZ
Abuse of authority
Corruption
Analysis
Even if LAM has followed proper procedures in including his
brother's company into the approved list, he should have
declared the conflict of interest, i.e. the sibling relationship, to
his employer.
It is inappropriate exercise of discretion if he has shown
favouritism in including XYZ into his employer\'s approved list.
Analysis
LAM may breach the company\'s code of conduct by revealing
the confidential quotation prices to his brother, and will be
subject to disciplinary action taken by the company. This is
certainly not a behaviour expected of a professional.
Analysis
It is forgery to make up other competing quotations as if a real
tendering exercise had taken place.
Analysis
By committing fraud to circumvent the proper tendering
process, LAM has abused his authority and failed to live up to
the trust placed in him by his employer and his profession.
LAM has to bear the legal consequences of committing fraud.
Analysis
The conflict of interest problem is accentuated as LAM's wife
acquires shareholdings in XYZ company. As a professional,
LAM should have avoided such conflict of interest. In fact, his
wife's acquisition of shares of XYZ company may be the
reason why he has taken immense risks to defraud the
company in circumventing the proper tendering procedures.
Analysis
LAM has obviously abused his authority by recommending the
award of contracts to his own brother\'s contractor company, in
which his wife also had a financial interest. He should have
declared the conflict to the management.
If it can be proved that Lam accepted an advantage, although
in an indirect way (e.g. shares of XYZ possessed by his wife),
for helping his brother to get the contracts, he will contravene
the Prevention of Bribery Ordinance. He has to bear the legal
consequences.
By abusing his authority for gain by himself or his relatives,
LAM has totally breached the trust placed in him by his
employer and betrayed professionalism.