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Conflict of interest is a situation in which
an officer's "private interest" interferes with
the proper discharge of his duties.
"Private interest" include financial and other
interests of the professional himself, his family
or other relations, his friends, the clubs and
associations of which he is a member, any person
with whom he has frequent social gatherings or
to whom he owes a favour or is obligated in any
way.
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Different dimensions of conflict of interest
- Actual conflict of interest - it occurs
when the professionals' actions and decisions
are under the influence of their "private
interest".
- Perceived conflict of interest - it
occurs when the professionals' actions and decisions,
as perceived by the public, are under
the influence of their "private interests".
Unless the professionals concerned can take
steps to avoid such perception, they may be
subject to public criticism.
Problems arising from conflict of interest
- It is important to note that an actual conflict
of interest often involves abuse of authority
and in some cases even corruption if
an advantage is offered.
- A perceived conflict of interest, though may
not involve abuse of authority, can be as damaging
as an actual one because it undermines public
confidence in the professionals.
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A fundamental rule is the need for
a professional to avoid any conflict of interest. |
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Advice on avoiding conflict
of interest |
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1. Stay alert to situations which may lead to
an actual or perceived conflict of interest
- Remember to put the interests of the employers/clients
before your private interests in discharging
your duties.
- Observe relevant internal guidelines of the
company or the professional code.
- Anticipate the perception of the public or
other stakeholders.
- Identify work situations which may give rise
to conflict of interest.
- Consult supervisors or management if in doubt
2. Take steps to avoid conflict of interest
- Declare to the company when called upon to
deal with matters which may give rise to conflict
of interest
- Refrain from participating in the discussion
and decision making or dealing with the matters
in question.
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Entertainment is defined in the Prevention of
Bribery Ordinance as food or drinks for immediate
consumption. Although it is not considered to
be an advantage, it does not mean that one is
free to accept lavish or unreasonably generous
or frequent entertainment. One should ask whether
the acceptance of the entertainment will impose
an obligation on oneself to do the host a favour
or lead to any actual or perceived conflict of
interest.
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Advice on acceptance of entertainment
- Observe the relevant guidelines of the company.
- Avoid accepting frequent or lavish entertainment
from colleagues, especially subordinates or
people with whom you have business dealings.
- Anticipate the perception of the other stakeholders
when accepting frequent or lavish entertainment
during work situations.
- Avoid placing oneself into a position of obligation.
- Report to the company if people with whom
you have business dealings offer frequent or
excessive entertainment.
- Consult supervisors/management for advice
when in doubt.
- Give appropriate advice to staff if they accept
frequent or lavish entertainment from people
with whom they have business dealings.
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A professional should be prudent in managing
his personal finance. Among the factors landing
one in a difficult financial situation, overspending,
speculative investment beyond one's financial
means and gambling are the major reasons that
are worthy of professionals' attention. He should
also watch out for indebtedness problems of his
staff as the problems may give rise to corruption
or malpractice.
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Advice on indebtedness
- Remember the dire consequences brought about
by indebtedness.
- Avoid borrowing money from colleagues, especially
subordinates and people with whom you have business
dealings.
- Give appropriate advice to subordinates with
a debt problem, and report to the management
if the problem persists.
- Report to the management any illegal loan
activities at work.
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