Seminar on Seminar on Corruption PreventionCorruption Prevention

Department of Electronic Engineering

City University of Hong Kong

Community Relations Department

ICAC’s Three-pronged Approach

in Fighting Corruption

Community RelationsDepartment

OperationsDepartment

Corruption PreventionDepartment

Commissioner

Outline

Prevention of Bribery Ordinance

Legal & Ethical Issues

Ethical Decision Making

ICAC services

Prevention of Bribery Ordinance(PBO)

Prevent breach of trust (agent / principal)

Protect interest of stakeholders

Ensure fair-play

Both offeror and recipient of a bribe are guilty

Applicable to Government, Public & Private Sectors

Common Corruption Prone Areas

Solicit commissions or rebates from

suppliers/contractors

Conflict of interest

Use of false documents

Staff administration

PBO Section 9 Agent (employee)

Solicits/accepts advantages

An act in relation to the

principal’s affairs or business

Without principal's (employer's)

approval

PBO Section 9 Both offeror & recipient are guilt

y Maximum Penalty :

Imprisonment of 7 years and $500,000 fine

Gift, loan, fee, reward or commission

Employment or contract

Payment, release or discharge of loan or liability

Service or favor (except entertainment)

Exercise of any right or power

Advantages

Entertainment 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

Prevention of Bribery Ordinance Section 9(3)

An agent

Intends to deceive his principal

Using false / erroneous / defective accounts/ documents / receipts

Maximum penalty:

a fine of $500,000 and imprisonment of 7 years

PBO SECTION 9(3)

Examples: Cover up deceptive activities or other

offence Procurement of goods or service Attendance / Leave record Job-related allowance or welfare Re-imbursement of expense

Ethical Decision MakingETHICS Process – 6 major steps to follow

Establish facts, identify ethical issues

Take stock of all ‘stakeholders’

Have assessment on stakeholders’ position

Identify alternatives

Compare and evaluate consequences

Select course of action

Ethical Decision MakingPLUS Standards – factors to consider

Professional / trade-related / company code of conduct

Legal requirements

Uncompromisable self values

Sunshine test

PBO Section 11

In any proceedings for an offence, the following shall NOT be a defence:

Actually did not have the power, right or opportunity to do so

Did not in fact do so Did not intend to do so

PBO Section 19

In any proceedings for an offence, it shall NOT be a defence to show that any such advantage is customary in any profession, trade, vocation or calling.

The Dos

Observe the PBOObserve the PBO Comply with Code of Professional CondComply with Code of Professional Cond

uct / Company code of conductuct / Company code of conduct Stay alert Stay alert Avoid the “sweetner”Avoid the “sweetner” Declare and seek permission/ advice whDeclare and seek permission/ advice wh

en in doubten in doubt

The Don’ts Don’t place yourself in a position of Don’t place yourself in a position of

obligationobligation

Don't accept advantages without Don't accept advantages without permissionpermission

Don’t tolerate corruption/ malpracticeDon’t tolerate corruption/ malpractice

Report Corruption & Enquiries

ICAC Report Centre or

7 Regional Offices

2526 6366 (24 hrs)

GPO Box 1000, HK

Thank YouThank Youwww.icac.org.hk