Understanding the Ordinance:
Public servants (for definition of "public servant", please refer to the Text of the Law) include prescribed officers (including government officers, please refer to the text of the law for the definition) and employees of public bodies. Prescribed officers are subject to sections 3, 4, 5, 10, etc of the POBO while employees of public bodies (e.g. power company, bus company, hospital, please refer to the text of the law for the definition) are subject to sections 4, 5, etc.
| Section 3: | Any prescribed officer who, without the general or special permission of the Chief Executive, solicits or accepts any advantage, shall be guilty of an offence. |
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| Section 4: | Any public servant who solicits or accepts any advantage as an inducement to or reward for performing duties shall be guilty of an offence; the offeror of the advantage shall also be guilty of an offence. |
| Section 5: | Any public servant who solicits or accepts any advantage as an inducement to or reward for giving assistance or using influence in matters relating to a contract shall be guilty of an offence; the offeror of the advantage shall also be guilty of an offence. |
| Section 10: | Any prescribed officer who maintains a standard of living or has assets not commensurate with his official emoluments shall be guilty of an offence. |
In the Ordinance:
- "Advantage" includes money, gifts, loans, commissions, offices, contracts, services, favours and discharge of liability in whole or in part, but does not include entertainment.
- "Entertainment" means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with, or provided at the same time as, such provisions. Although entertainment is not an advantage under the POBO, individual departments had stipulated the conditions for staff"s acceptance of entertainment.