Corruption happens when a person abuses his authority for personal gain at the expense of another. It is an act that is against the value of fairness and the rule of law. In some cases, corruption can even put lives and properties at risk. This is the reason Hong Kong’s Independent Commission Against Corruption (ICAC) enforces the Prevention of Bribery Ordinance (POBO).
POBO in the public sector
Prescribed officers are subject to POBO’s sections 3, 4, 5 and 10, while employees of public bodies are subject to the ordinance’s sections 4 and 5. Here are the pertinent sections:
“Section 3: No prescribed officer is allowed to solicit or accept any advantage without the general or special permission of the Chief Executive.
Section 4: Any public servant who solicits or accepts any advantage as an inducement to or reward for performing duties shall be guilty of an offence; the offeror of the advantage shall also be guilty of an offence.
Section 5: Any public servant who solicits or accepts any advantage as an inducement to or reward for giving assistance or using influence in matters relating to a contract shall be guilty of an offence; the offeror of the advantage shall also be guilty of an offence.
Section 10: Any prescribed officer who maintains a standard of living or has assets not commensurate with his official emoluments shall be guilty of an offence.”
In this ordinance, “advantage” pertains to money, presents, loans, commissions, favors, discharge of liability and other similar things. It does not, however, include entertainment.
POBO in the private sector
The ordinance dictates that no agent shall solicit or receive any advantage without his principal’s permission upon conducting the latter’s affairs or business. In such case, the offeror of the advantage also committed an offence.
Similarly, “advantage” also pertains to money, presents, loans, commissions, favors, discharge of liability and other similar things, except entertainment.
Speak with an ICAC lawyer in Hong Kong to learn more about this ICAC ordinance.