Tipping for public services is not needed
Members of the public should act wisely and never obtain public service through bribery. Any person offering a bribe to a public officer to secure public service will not only fail to achieve his original purpose, but also subject himself/herself to criminal liability. A gift is not needed even if you wish to commend public officers or express your gratitude for their good services.
Is it necessary to give "tea money" in order to get a public housing unit?
Synopsis
Mr. CHAN has been allocated a rather old public housing unit away from the urban areas by the Housing Department. Being dissatisfied with the allocation, Mr. CHAN writes a letter to the Housing Department to request a unit of better quality and more convenient location. He also attaches some 'tea money' with the letter in the hope that the Housing Department staff who receives it can do him a favour.
Question 1
Is it an offence for Mr. CHAN to offer "tea money" to the Housing Department staff in return for allocating to him a better public housing unit?
According to the Prevention of Bribery Ordinance, it is a bribery offence for Mr. CHAN to offer an advantage (tea money) to a public officer (the Housing Department staff) as an inducement to or reward for the officer to allocate a better public housing unit to him.
"Advantage" includes any form of gift, loan, reward, commission, office, contract, service, favour, discharge of liability, etc. (other than entertainment), irrespective of the amount involved.
Question 2
Will Mr. CHAN break the law if he offers tea money to the Housing Department staff merely as a token of thanks?
According to the Prevention of Bribery Ordinance, it is an offence for any person to offer any advantage to any public officer of a government department while having official dealings with that department. Since Mr. CHAN is having dealings with the Housing Department in relation to his public housing application, he should not offer a gift (including money) to any officer of that department.
Question 3
What can Mr. CHAN do if he wishes to express his appreciation or gratitude to public servants?
Even if it is intended as a token of thanks, Mr. CHAN's offer of advantage to public officers while having official dealings with them may contravene the Prevention of Bribery Ordinance and make him liable to imprisonment and a fine. To express one's gratitude to a public officer, words of thanks and a letter of appreciation is enough.
