Online Ethics Resources for The Pharmaceutical and Medical Device Industries

Eddie is a public servant as he is employed by a public hospital under the Hospital Authority (HA). Derek may violate Section 4(1) of the POBO if he, without lawful authority or reasonable excuse, offers an advantage (sponsorship of expenses for attending the overseas conference) to Eddie as an inducement to or a reward for Eddie’s assistance in his capacity as a public servant (recommending the new drug of Derek’s company). Eddie should have observed the policies and guidelines on acceptance of sponsorship issued by HA. If he accepted the sponsorship without HA’s prior written approval, he may also violate Section 4(2) of the POBO.

Pharmaceutical companies may occasionally sponsor healthcare professionals to attend educational and scientific events. According to the “Code of Practice” issued by the Hong Kong Association of the Pharmaceutical Industry (HKAPI), any sponsorship provided to a healthcare professional must not be conditional upon an obligation to prescribe, recommend, purchase, supply or administer any pharmaceutical product. Pharmaceutical companies should also refer to the guidance on sponsorship in HKAPI’s Code, such as the guidelines on sponsoring passage and accommodation, as well as the reasonable value of refreshments provided to healthcare professionals.

Eddie is a public servant as he is employed by a public hospital under the Hospital Authority (HA). Derek may violate Section 4(1) of the POBO if he, without lawful authority or reasonable excuse, offers an advantage (sponsorship of expenses for attending the overseas conference) to Eddie as an inducement to or a reward for Eddie’s assistance in relation to his capacity as a public servant (recommending the new drug of Derek’s company). Eddie should have observed the set of policies and guidelines on acceptance of sponsorship issued by HA. If he accepted the sponsorship without HA’s prior written approval, he may also violate Section 4(2) of the POBO.

Pharmaceutical companies may occasionally sponsor healthcare professionals to attend educational and scientific events. According to the “Code of Practice” issued by the Hong Kong Association of the Pharmaceutical Industry (HKAPI), any sponsorship provided to a healthcare professional must not be conditional upon an obligation to prescribe, recommend, purchase, supply or administer any pharmaceutical product. Pharmaceutical companies should also refer to the guidance on sponsorship in HKAPI’s Code, such as the guidelines on sponsoring passage and accommodation, as well as the reasonable value of refreshments provided to healthcare professionals.

Entertainment is defined in the POBO as the provision of food or drink for consumption on the occasion when it is provided. Although entertainment is not an advantage, one should avoid offering frequent or lavish entertainment to a public servant with whom he or she has business dealings to avoid suspicions of corruption. Also, according to the HKAPI’s “Code of Practice”, pharmaceutical companies and their representatives should not offer inappropriate or lavish hospitality to healthcare professionals either directly or indirectly. Employees of pharmaceutical companies should also be aware of guidelines issued by their employers on acceptance and offering of entertainment by staff members.

Entertainment is defined in the POBO as the provision of food or drink for consumption on the occasion when it is provided. Although entertainment is not an advantage, one should avoid offering frequent or lavish entertainment to a public servant with whom he or she has business dealings to avoid suspicions of corruption. Also, according to the HKAPI’s “Code of Practice”, pharmaceutical companies and their representatives should not offer inappropriate or lavish hospitality to healthcare professionals either directly or indirectly. Employees of pharmaceutical companies should also be aware of guidelines issued by their employers on acceptance and offering of entertainment by staff members.

Any person, while having dealings of any kind with a government department or a public body, offers any advantage to any government officer or public servant employed in that department or public body may contravene Section 8 of the POBO. As Derek’s company is HA’s registered drug supplier, Derek has official dealings with HA. Under such circumstances, Derek should not provide any advantage to Eddie, who is an HA employee, even though he has no bribery intention.

Any person, while having dealings of any kind with a government department or a public body, offers any advantage to any government officer or public servant employed in that department or public body may contravene Section 8 of the POBO. As Derek’s company is HA’s registered drug supplier, Derek has official dealings with HA. Under such circumstances, Derek should not provide any advantage to Eddie, who is an HA employee, even though he has no bribery intention.