Anti-Corruption Law in Hong Kong
The Prevention of Bribery Ordinance (Cap. 201)
(POBO) is the piece of legislation governing corruption in
both private and public sectors in Hong Kong. It aims to keep our
society corruption free and fair.
Section 9 of the POBO deal with corruption crimes in the private sector. It helps to maintain fair play in the private sector and uphold market integrity.
Section 9 of the POBO deal with corruption crimes in the private sector. It helps to maintain fair play in the private sector and uphold market integrity.
Section 9(1) & (2)
It is an offence for an agent to solicit or accept an advantage, without the permission of his principal, as an inducement to, or reward for, his doing or forbearing to do an act in relation to his principal's affairs. Offerings an advantage to an agent in such circumstances is also an offence.
It is an offence for an agent to solicit or accept an advantage, without the permission of his principal, as an inducement to, or reward for, his doing or forbearing to do an act in relation to his principal's affairs. Offerings an advantage to an agent in such circumstances is also an offence.
Key points:
Agent
Any person employed by or acting for the principal (e.g.
individual insurance agent, technical representative, insurance
broker).
Principal
Generally refers to an employer. An insurance company is the
principal of an individual insurance agent or its staff member. As
for an insurance broker, the principal is the proposer or policy
holder.
Advantages
Anything that is of value, irrespective of amounts, such as money,
gift, commission, loan, employment, service or favour, but does
not include entertainment.
Entertainment
It refers to food or drink for immediate consumption on any
occasion.
Permission
It refers to the principal's approval.
Act
Doing or forbearing to do an act which is related to the
principal's affair.
Section 9(3)
Use of false document, receipt or account to
deceive principal by an agent.
Section 11
Giver and acceptor of bribe to be guilty
notwithstanding that purpose not carried out.
Section 19
Custom in any profession, trade, vocation or
calling shall not be a defence.
Maximum Penalty
A maximum of HKD500,000 fine and 7 years'
imprisonment upon conviction.