About Advantage
“A gift worth less than $500 can never be considered a bribe?”
Under the Prevention of Bribery Ordinance, there is no monetary threshold for the definition of ‘advantage’. A person is liable if they are involved in a bribery act, regardless of the amount of the bribe. A person who offers bribe may also be guilty of an offence.
Employees should observe the company's policy regarding the acceptance of advantages (e.g., permissible value, circumstances, and reporting procedures).
"A loan is an advantage? What if it is repaid with an interest?"
According to the Prevention of Bribery Ordinance, loan is a kind of advantage, regardless of whether it is repaid or any interest is charged.
Any person who offers or solicits a loan with a corrupt intent shall be guilty of an offence.
"It is not against the law to offer gifts or hampers to my clients on festive occasions"
Gifts and fruit hampers are advantages. It is not against the law if they are offered to client companies, but if they are offered to staff of clients out of a corrupt motive, the offeror may still commit an offence. "Customs" or "trade practice" cannot constitute a defence.
Even if no corruption is involved, staff of the client should observe the company's policy on acceptance of advantages (e.g. permissible value, reporting procedure).
About Business Operation
"I must offer commission to the intermediary for business referral as it is a trade practice"
An agent refers to anyone who is employed by or acting for another person, including employees, consultants or one being authorised to act on behalf of another.
An agent should seek approval from his principal for accepting advantages in relation to his principal's business or affairs.
However, if a person offers commission to an individual staff as a reward for business referral without the approval of the staff's company, both the offeror and the recipient shall be guilty of a bribery offence.
"Trade practice" does not constitute a defence for bribery.
"Can I award a contract to a company owned by me or a close relative without disclosure?"
A conflict of interest arises when a staff member’s private interests clash with the company’s interests, for example, awarding a contract to a company owned by themselves or their relatives.
Concealing such a conflict of interest to benefit themselves or their associates may breach company’s policy, the Prevention of Bribery Ordinance, or other criminal laws. Staff members of private organisations should avoid conflicts of interest and make timely declarations to their employers.
"A company director can receive personal benefits at work to subsidise his business expenditures"
A company director is also an agent of the company. Without the approval of the board of directors, a director may commit an offence if he accepts any advantage as an inducement to or a reward for abusing entrusted power.
A director should act as a role model and comply with the company’s policies on acceptance of advantages.
About Staff Integrity
"There is no need to report to my company if I win a lucky draw prize in a supplier's event"
You should report the lucky draw prize to the company as you were attending the supplier's event in an official capacity.
Proper handling of work-related advantages can avoid conflict of interest in your future dealings with the supplier or even falling into a corruption trap.
"I only need to inform my supervisor after acceptance of advantage at work"
An employee (agent) should obtain approval of his employer (principal) for accepting advantages in relation to the principal’s affairs. Merely informing the supervisor does not mean getting the approval.
Furthermore, a supervisor is also an agent of the company. Unless the company has delegated the approving authority to the supervisor, the supervisor's approval does not have any legal effect.
The employee should observe the relevant guidelines in the company’s Code of Conduct.
“You’re running late. Is it okay to ask a colleague to clock in for you?”
An employee who deceives his employer with false documents (e.g., false attendance record) may breach the Prevention of Bribery Ordinance.
What may seem like a small favour can breach your company’s code of conduct and, in some circumstances, even violate the law.
About Corruption
"Corruption that takes place outside Hong Kong is ungoverned by local laws"
If any part of the bribery act (including offering, soliciting or accepting a bribe) takes place in Hong Kong, it may still be pursued by the ICAC under the Prevention of Bribery Ordinance.
One should comply with the corresponding local anti-corruption laws when conducting business overseas.
"I need to provide full evidence to lodge a corruption complaint"
Full evidence is not required when lodging a complaint. Report if you have reasonable doubt.
Complainants only need to state the known facts of the suspected case, and ICAC will follow up according to the information provided.
"Corruption is none of my business"
Turning a blind eye to corruption may jeopardise the interests of the company and other stakeholders.
If a person intends to conceal or harbour any bribery acts, he may breach the company’s code and even be implicated in the crime.
Protect yourself, report corruption!
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