Online Ethics Resources for The Pharmaceutical and Medical Device Industries

The Prevention of Bribery Ordinance provides a broad definition on advantage which may include all the items involved in the scenario including commissions, company premiums and product samples. According to Section 9 of the POBO, Jason, as an agent of the clinic (one of the clinic’s partners), may commit an offence if he solicits or accepts advantages from Jessica without the permission of his principal (the clinic) for an act in relation to his principal’s affairs (ordering vaccines in the name of his clinic). Similarly, Jessica who offers company premiums and product samples to Jason in exchange for his assistance will also commit the offence of offering bribe.

Although it may be a common practice to offer promotional items and samples to healthcare professionals, medical representatives are reminded to observe the “Code of Practice” issued by the Hong Kong Association of the Pharmaceutical Industry (HKAPI). For instance, no financial benefit or benefit-in-kind may be provided or offered to a healthcare professional in exchange for prescribing, recommending, purchasing, supplying or administering products or for a commitment to continue to do so. Besides, the offering of promotional items to healthcare professionals in relation to the selling of prescription-only medicines is prohibited.

The Prevention of Bribery Ordinance provides a broad definition on advantage which may include all the items involved in the scenario including commissions, company premiums and product samples. According to Section 9 of the POBO, Jason, as an agent of the clinic (one of the clinic’s partners), may commit an offence if he solicits or accepts advantages from Jessica without the permission of his principal (the clinic) for an act in relation to his principal’s affairs (ordering vaccines in the name of his clinic). Similarly, Jessica who offers company premiums and product samples to Jason in exchange for his assistance will also commit the offence of offering bribe.

Although it may be a common practice to offer promotional items and samples to healthcare professionals, medical representatives are reminded to observe the “Code of Practice” issued by the Hong Kong Association of the Pharmaceutical Industry (HKAPI). For instance, no financial benefit or benefit-in-kind may be provided or offered to a healthcare professional in exchange for prescribing, recommending, purchasing, supplying or administering products or for a commitment to continue to do so. Besides, the offering of promotional items to healthcare professionals in relation to the selling of prescription-only medicines is prohibited.

According to the POBO, any person acting on behalf of a company is an agent to the company and as such, even though Jason is a partner of the clinic and is in charge of the procurement of medicines, he is still an agent to the clinic and may breach the POBO for accepting any advantage as an inducement to or a reward for abusing his entrusted power without the approval of other partners.

According to the POBO, any person acting on behalf of a company is an agent to the company and as such, even though Jason is a partner of the clinic and is in charge of the procurement of medicines, he is still an agent to the clinic and may breach the POBO for accepting any advantage as an inducement to or a reward for abusing his entrusted power without the approval of other partners.

Jessica may breach Section 9(3) of the POBO for using false documents (order forms which falsely claim that Jason’s clinic is the buyer) with an intent to deceive her principal (the pharmaceutical company). Jason may also be charged with the same offence if he tries to order the vaccines for his friend and deceive his principal (the clinic) by concealing the matter with false documents or records. Jessica, Jason and Jason’s friend may also have committed the offence of conspiracy to defraud by dishonestly using the clinic’s name to place vaccine orders with Jessica’s company. Moreover, by selling the vaccines to Jason’s friend for illegal export, Jessica may contravene other laws such as the Pharmacy and Poisons Ordinance and the Import and Export Ordinance. Besides, Jessica may contravene the HKAPI’s “Code of Practice”, which stipulates that medical representatives should at all times maintain a high standard of ethical conduct in the discharge of their duties.

Jessica may breach Section 9(3) of the POBO for using false documents (order forms which falsely claim that Jason’s clinic is the buyer) with an intent to deceive her principal (the pharmaceutical company). Jason may also be charged with the same offence if he tries to order the vaccines for his friend and deceive his principal (the clinic) by concealing the matter with false documents or records. Jessica, Jason and Jason’s friend may also have committed the offence of conspiracy to defraud by dishonestly using the clinic’s name to place vaccine orders with Jessica’s company. Moreover, by selling the vaccines to Jason’s friend for illegal export, Jessica may contravene other laws such as the Pharmacy and Poisons Ordinance and the Import and Export Ordinance. Besides, Jessica may contravene the HKAPI’s “Code of Practice”, which stipulates that medical representatives should at all times maintain a high standard of ethical conduct in the discharge of their duties.