Gift
Money
Entertainment
LoanDon't bribe for preferential treatment! Any employee of private companies who solicits or accepts an advantage in connection with his work without the approval of his employer will breach the Prevention of Bribery Ordinance. It's also illegal for those to offer the advantage. In case you are being asked for bribes, you should decline the request immediately and report to the ICAC as soon as possible.
Will showing "sincerity" end up with falling into a corruption trap?
Synopsis
Kathy is a security guard of a housing estate. She wants to swap a shift to have a Sunday off next week because her family will come to Hong Kong to visit her. Kathy then makes a request to her supervisor Mr Chau for change of shift. However, Mr Chau does not approve her request and hints her to show "sincerity" to him for favourable treatment at work. Otherwise, she may be deployed to station at the outdoor carpark. Kathy does not know what to do and becomes frustrated ... ...
Question 1
Which of the following items are regarded as an advantage under the Prevention of Bribery Ordinance?
According to the Prevention of Bribery Ordinance, an advantage refers to anything that is of value such as any gift (in money or in kind), loan, employment and service, etc. (other than entertainment), irrespective of the amount involved. Although entertainment (the provision of food or drink for consumption on the occasion when it is provided) does not fall within the definition of an advantage under the Ordinance, employees should familiarise themselves with the guidelines on the acceptance of entertainment issued by their companies in order to avoid the "sweetening process".
Question 2
The supervisor accepts gifts from her supervisee Fanny for showing favours to her at work. Does the supervisor commit any offence?
According to the Prevention of Bribery Ordinance, the supervisor is an agent (employee) of the company. The supervisor commits an offence as he, without the permission of his principal (employer), solicits and accepts an advantage from his supervisee in exchange for showing favours to her at work. The supervisee also commits a corruption offence by offering the advantage to her supervisor.
Question 3
If the supervisor requests Kathy to give him a gift in exchange for his approval for a swap of shift, what should she do?
Both offering and accepting bribes are illegal. Therefore, Kathy should decline her supervisor's request immediately and report to the ICAC as soon as possible so as to safeguard her own interest and avoid being implicated in corruption. One may lodge corruption complaint by visiting the 24-hour ICAC Report Centre at the ICAC Building or ICAC Regional Offices located across the territory. They may also call the ICAC 24-hour report hotline 25 266 366 or write to G.P.O. Box 1000, Hong Kong. All complaints would be kept in strict confidence.
