廉政快訊 ICAC POST

www.icac.org.hk

 

Dec 2015,
Issue No.21

 

Previous Issues

Feedback

Graft - not a concern for companies doing business in HK

According to the latest competitiveness report of the World Economic Forum (WEF), corruption was absolutely not a concern for companies doing business in Hong Kong, a city with a deep-rooted culture of probity.

The WEF’s Global Competitiveness Report 2015-2016 revealed that a very insignificant number (0.2 per cent) of respondents considered corruption the “most problematic factor” for doing business in Hong Kong.

ICAC Commissioner Simon Peh addresses the IAACA annual conference.Coupled with 15 other factors, the report rated Hong Kong as the seventh most competitive place amongst 140 economies polled. Nevertheless, one could empirically consider that Hong Kong offers a level playing field for business operators. They do not have to worry about having things done through the backdoor or paying under the table.

ICAC Commissioner Mr Simon Peh Yun-lu elaborated on the reasons behind when he addressed the Opening Ceremony of the Eighth Annual Conference and General Meeting of the International Association of Anti-Corruption Authorities (IAACA) in St. Petersburg, Russia in November.

Twin-pillar anti-corruption strategy

Mr Peh said to combat corruption, the city needed more than law enforcement. Over the years, Hong Kong had also adopted a twin-pillar strategy of probity culture building and systemic prevention to control corruption risks.

“Probity culture building and systemic prevention are the two essential components of ICAC’s anti-corruption approach form the outset 41 years ago,” Mr Peh said.

“Under the twin-pillar strategy, the ICAC adopted an ‘Ethics for All’ approach to explain the anti-bribery law to different strata of the society and cultivate in every citizen the inner conviction that corruption was totally unacceptable.”

Preventive education

Mr Simon Peh (second from left) meets with Mr Bryan Riley (second from right) and two senior representatives of the HF.Taking the business field as an example, Mr Peh said the ICAC pioneered in promoting corporate governance by setting up the Hong Kong Ethics Development Centre (now known as the Hong Kong Business Ethics Development Centre) 20 years ago, currently with 10 major chambers of commerce forming an advisory committee to steer its work.

Through networks set up with 70 chambers of small and medium enterprises and 80 banks, corruption prevention messages were effectively promoted to the wider business community.

This year, the ICAC has launched a three-year programme promoting business ethics in listed companies. Among the initiatives is a toolkit to help directors minimise corruption risks in their companies.

Corruption prevention

On the preventive front, Mr Peh said the ICAC helped plug procedural loopholes in public organisations and offered systemic prevention advice to them to ensure that their systems and procedures were fair, accountable, simple and transparent.

Since its inception, the ICAC has completed 3,700 corruption prevention studies for the public and private sectors, offering over 12,000 consultancy activities in the past 15 years.

A Corruption Prevention Officer (left) observing on site the payment procedures in a public works project.With a core value of probity embedded in the mind of Hong Kong people, corruption poses no threat to doing business. Last year, the ICAC annual survey conducted by an independent pollster confirmed that people continued to uphold a zero-tolerance attitude towards corruption.

While Hong Kong is highly praised for its anti-corruption model at the international conference, Mr Peh, however, expounded the paradox the city faces.

Mr Peh said despite the reality points otherwise, the success of detecting graft cases involving senior government officials or business tycoons might generate a public perception that the corruption scene has deteriorated.

“Such cases are testament to Hong Kong’s robust anti-corruption system as the ICAC will carry out all investigations independently and impartially, regardless of the background, status and position of the persons involved,” he said.

“Those cases are only isolated incidents and Hong Kong’s civil service remains clean and efficient.”

Through the twin-pillar strategy of culture building and systemic prevention, Hong Kong will continue to live up to its reputation as one of the cleanest places for companies to do business.

 

Deputy chairman of listed company jailed for accepting $1m bribe

A deputy chairman of a listed company was put behind bars after being convicted of accepting a bribe of $1 million for recommending its board of directors to approve a deal to acquire an investment company at a consideration of $380 million.

After signing the agreement, the owner of the investment company visited a bank and withdrew $1 million cash from his account. The $1 million cash was then deposited into the account of the deputy chairman with the same bank.

The deputy chairman was charged with one count of agent accepting an advantage. He was found guilty at the District Court, and sentenced to three years’ imprisonment.

In sentencing, the judge remarked that the court would not tolerate corruption – one of the most disdainful crimes causing social injustice and criminals to amass wealth.

The judge also ordered the defendant to pay $1 million as restitution to the listed company, and be disqualified from being a company director for five years.

 

Toolkit on ethics for company directors

To obtain sustainable corporate success, company directors need to lead by example by practising ethical leadership in order to allow a probity culture to take root in their companies.

Past cases investigated by the ICAC revealed that the lack of personal integrity at the top echelon of a company and inadequacies in the management system easily led to corruption and fraud.

To help directors minimise corruption risks in their companies and comply with the enhanced regulatory framework on corporate governance, the ICAC’s Hong Kong Business Ethics Development Centre (HKBEDC) has produced the Toolkit on Directors’ Ethics.

Toolkit on Directors' Ethics.The new toolkit, which features the latest legal and regulatory updates, checklists and guidelines relevant to directors’ ethics, aims to provide useful reference for resolving ethical challenges. It contains a total of 14 case studies to help company directors and their professional advisors analyse corruption and related regulatory pitfalls at workplaces.

The toolkit is also tailored to meet the practical needs of company directors with inputs from related government departments, regulators, professional bodies and chambers of commerce. It is now available in both English and Chinese electronic versions on the HKBEDC website.

 

 



Tel: (852) 2587 9812
Fax: (852) 2519 7762
Website: http://www.hkbedc.icac.hk
Email: hkbedc@crd.icac.org.hk