Aspects of Prevention of Bribery Ordinance (POBO)

Public sector

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Q:

Can a civil servant accept any gift in his official capacity from the public during festivals?

A:

Section 3 of the POBO stipulates that any kind of gift is a "restricted advantage". If a civil servant accepts such gift from the public in his official capacity, he has to report this to his department for processing and approval.

Q:

Is it an offence if a citizen sends a gift to an employee of a government department, thereby inducing that employee to arrange for him to successfully obtain a government service?

A:

Under Section 4 of the POBO, no Government officer shall solicit or accept any advantage as an inducement, reward or reason for doing or not doing any act in his capacity as a Government officer; the offeror of the advantage shall also be guilty of an offence.


Q:

Can a patient offer a "lai see" (lucky money) to a nurse or any other staff in a public hospital for showing gratitude for the care obtained from them?

A:

According to Section 4 of the POBO, an employee of a public body shall not solicit or accept any advantage because of work unless prior written permission has been obtained from the public body.

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Q:

Is it against the law if an employee of a public body accepts an advantage from someone without returning a favour at his official duties?

A:

If both the offeror and receiver believe the advantage involves the employee to use his power to offer a favour to the offeror of the advantage, they are in breach of Section 4 of the POBO even though that employee does not have the required power, or does not intend to or actually does not offer any favour at his official duties.


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