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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