Fair competition for school admission
Parents may be very concerned about their children's admission in schools, but it is absolutely not a reason for offering a bribe to the staff of the schools. Parents will contravene the law if they offer an advantage to the headmistress/headmaster in order to get a school place for their children. Above all, they should set an example to their children on the importance of fairness and abiding by law.
Is Offering Gifts a Way for "Getting a School Place"?
Synopsis
Mrs LAU's daughter Macy did not perform well in a selection interview for enrolling in a kindergarten. Mrs. LAU is worried that her daughter may not be offered a place. Just when she is blaming Macy for her performance, the headmistress of the kindergarten passes by. Mrs LAU suddenly comes up with an idea to offer her newly purchased top-brand handbag as a gift to the headmistress, so as to help her daughter get a school place.
Question 1
Is it an offence for Mrs LAU to offer a top-brand handbag to the headmistress as an inducement for the latter to admit her daughter?
According to the Prevention of Bribery Ordinance, it is a bribery offence for Mrs LAU to offer an advantage (the handbag) to an agent of the kindergarten (the headmistress) as a reward for the headmistress to help her daughter's enrolment. If the headmistress, without her principal's (employer's) approval, accepts the advantage for using her power, she will also commit a bribery offence.
Question 2
Does the headmistress, being the head of a school, have the authority to give herself the approval for accepting gifts?
The headmistress and other teaching staff are agents of the school. As agents, they have to obtain the principal's approval (such as that of the School Management Committee) for accepting any advantage relating to the business of the school. On the other hand, the Education Bureau and the schools have also provided guidelines to teaching staff on acceptance of gifts. Parents must familiarise themselves with these rules and regulations before deciding whether to offer gifts.
Question 3
Is unfamiliarity with the Hong Kong anti-corruption law be accepted as a defence?
Offering bribes is a serious offence. Unfamiliarity with the relevant law is not a reasonable excuse. To avoid committing a bribery offence, parents must understand the Prevention of Bribery Ordinance. For any enquiries of the anti-corruption ordinances, members of the public may call the ICAC 24-hour hotline 25 266 366 or visit ICAC's regional offices.
