Seminar on Corruption Prevention Seminar on Corruption Prevention Department of Electronic...
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Transcript of Seminar on Corruption Prevention Seminar on Corruption Prevention Department of Electronic...
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Seminar on Seminar on Corruption PreventionCorruption Prevention
Department of Electronic Engineering
City University of Hong Kong
Community Relations Department
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ICAC’s Three-pronged Approach
in Fighting Corruption
Community RelationsDepartment
OperationsDepartment
Corruption PreventionDepartment
Commissioner
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Outline
Prevention of Bribery Ordinance
Legal & Ethical Issues
Ethical Decision Making
ICAC services
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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
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Common Corruption Prone Areas
Solicit commissions or rebates from
suppliers/contractors
Conflict of interest
Use of false documents
Staff administration
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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
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PBO Section 9 Both offeror & recipient are guilt
y Maximum Penalty :
Imprisonment of 7 years and $500,000 fine
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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
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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
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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
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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
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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
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Ethical Decision MakingPLUS Standards – factors to consider
Professional / trade-related / company code of conduct
Legal requirements
Uncompromisable self values
Sunshine test
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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
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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.
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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
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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
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Report Corruption & Enquiries
ICAC Report Centre or
7 Regional Offices
2526 6366 (24 hrs)
GPO Box 1000, HK
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Thank YouThank Youwww.icac.org.hk