Private Sector Corruption
In Hong Kong, corruption in the private sector is governed by Section 9 of the POBO. Business organisations and their employees must comply with the POBO when conducting the company’s business or affairs.
- Agent means any person acting for or employed by the principal
- Agent can be a director, a consultant or a staff member of any level who is given the authority or responsibility to act on behalf of the principal in dealing with the principal’s affairs
Accepting advantage:
- Advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc. (entertainment excluded)
- Principal’s approval generally means approval from the employer (e.g. the owner or the board of directors of a company)
- Employees should obtain permission from his/her employer for accepting a work-related advantage
An Act in relation to principal’s business (e.g. awarding a contract to a supplier)
Yes, the above employee violates Section 9(1) of the POBO because he is an agent (i.e. employee), who without the approval from his principal (i.e. employer), accepts an advantage (i.e. money) from a supplier as an inducement for doing an act in relation to his principal’s business (i.e. awarding a contract to the supplier).
Obtain principal’s permissions and follow your company’s policies on acceptance of work-related advantages
Seek advices and clarifications from your company when in doubt
Avoid “sweetener” and report attempted bribery
- Any person (e.g. contractor, supplier, customer, etc. ) offering advantage to an agent
- An Act in relation to principal’s business (e.g. releasing clients’ database)
- Advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc. (entertainment excluded)
- Agent should obtain permission from his/her employer for accepting a work-related advantage
- Approval should be obtained from the principal of the recipient, not the principal of the offeror
Yes, the outsider who violates Section 9(2) of the POBO because he offers money (i.e. advantages) to the employee (i.e. agent) as a reward for the employee to release clients’ database of the company (i.e. an act in relation to principal’s business) while the employee has no approval from his employer (i.e. without the approval of the recipient’s principal) for accepting such advantage.
Check with your clients to make sure the offering of advantages e.g. incentive, sponsorship, commission, etc. is legitimate
Don’t bribe for short cuts
Uphold business ethics when doing business
- Agent means any person acting for or employed by the principal
- Agent can be a director, a consultant or a staff member of any level who is given the authority or responsibility to act on behalf of the principal in dealing with the principal’s affairs
- Uses false / erroneous / defective receipt, account or other document
- With an intent to deceive his/her principal (e.g. employer)
Yes. The above employee, who submits the overtime (OT) claim application form containing false information with the intention to deceive extra OT payment from his employer, will violate Section 9(3) of the POBO.
Don’t use false receipts, accounts and documents to deceive your employer
Check for accuracy before endorsing or submitting documents to your employer
Report to your employer when you come across any suspected false receipts, accounts and documents
