Seminar on
Corruption Prevention
Department of Electronic Engineering
City University of Hong Kong
Community Relations Department
ICAC’s Three-pronged Approach
in Fighting Corruption
Commissioner
Corruption Prevention
Department
Operations
Department
Community Relations
Department
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
guilty
Maximum Penalty :
Imprisonment of 7 years and
$500,000 fine
Advantages
 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
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 Making
ETHICS 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 Making
PLUS 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
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Observe the PBO
Comply with Code of Professional Conduct /
Company code of conduct
Stay alert
Avoid the “sweetner”
Declare and seek permission/ advice when
in doubt
The Don’ts

Don’t place yourself in a position of
obligation

Don't accept advantages without permission

Don’t tolerate corruption/ malpractice
Report Corruption & Enquiries
ICAC Report Centre or
7 Regional Offices
2526 6366 (24 hrs)
GPO Box 1000, HK
Thank You
www.icac.org.hk