TABLE OF CONTENTS
FOREWORD
PARAGRAPHS
PART 1 CORE VALUES OF THE CIVIL SERVICE
1.1
PART 2 THE DEPARTMENT’S MISSION
Integrity Steering Committee
Working Groups under Integrity Steering Committee
Initiatives to Promote Staff Integrity
2.1-2.3
2.4-2.5
2.6
2.7-2.8
PART 3 PERSONAL CONDUCT
Regulatory Framework
Acceptance of Advantages
 Acceptance of Advantages in the Private Capacity
 Acceptance of Advantages on behalf of Staff Association
 Conflict of Interest
 Acceptance of Advantages in One’s Official Capacity
Acceptance of Entertainment
Acceptance of Free Service
Misconduct in Public Office
Misuse of Official Position
Misuse of the Department’s Assets and Resources
Misuse of Proprietary Information
Handling of Conflict of Interest Situations
Investment
Outside Work
Gambling
Indebtedness
Loans
Diligence
Respect for Intellectual Property Rights
Housing Benefits
3.1-3.4
3.5-3.8
3.9-3.13
3.14
3.15
3.16-3.17
3.18-3.23
3.24-3.25
3.26-3.30
3.31-3.33
3.34-3.35
3.36-3.40
3.41-3.47
3.48-3.50
3.51-3.57
3.58
3.59-3.62
3.63-3.65
3.66-3.68
3.69-3.70
3.71-3.72
Relations with the Public
 Courtesy
 Good Faith
 Fairness and Impartiality
 Proper Exercise of Powers
 Disclosure of Identity
 Channels for Complaints against Customs
3.73
3.74-3.75
3.76
3.77-3.79
3.80-3.81
3.82
3.83-3.84
PART 4 WORK ENVIRONMENT
Smoking
Alcohol
Dangerous Drugs
Telecommunication Equipment
Offensive Letters
Public Comment
4.1
4.2
4.3-4.4
4.5
4.6-4.7
4.8
4.9
PART 5 FAIRNESS, NON-DISCRIMINATION AND EQUAL
OPPORTUNITIES
Sexual Harassment
5.1-5.5
PART 6 COMPLIANCE WITH THE LAW AND THE CODE
Compliance with the Law
Report of Disciplinary Offence
Report of Criminal Offence Including Corruption-related
offences
Compliance with the Code
5.6-5.7
6.1-6.6
6.7
6.8-6.11
6.12-6.15
PART 7 WHAT TO DO WHEN BEING OFFERED A BRIBE
7.1
PART 8 SUPERVISORY ACCOUNTABILITY
8.1-8.3
PART 9 SOURCE FOR ADVICE AND INFORMATION
9.1-9.2
PART 10 LIST OF USEFUL REFERENCES
10.1-10.30
ANNEX A - Major Points to Note in Sections 3, 4 and 10 of the Prevention
of Bribery Ordinance (Cap. 201)
ANNEX B - Circumstances for Accepting Restricted Advantages under
General Permission
(Gifts/Discounts/Passages)
ANNEX C - Circumstances for Accepting Restricted Advantages under
General Permission
(Loans of Money)
ANNEX D - Application for Special Permission to Accept “Restricted”
Advantages Offered to an Officer in his Private Capacity
ANNEX E - Application for Approval to Dispose of Gift(s) Presented to an
Officer in his Official Capacity
ANNEX F - Notification of Acceptance of Entertainment
ANNEX G - Notification of Existing/Potential Conflict of Interest between
Officer’s Official Duties and Private Interests
ANNEX H - Application for Permission to Take Up Outside Work
ANNEX I - Report on Insolvency and Bankruptcy
ANNEX J - Report of Criminal Proceedings
ANNEX K - List of Illegal or Unethical Acts under the Code on Conduct
and Discipline
2015 Edition
FOREWORD
Dear Colleagues,
Ever since its publication in 1999, the Code on Conduct and Discipline
have been updated regularly to identify new risks and address rising
community expectations. Keeping with this spirit, we included in the
latest edition coverage on the common law offence of Misconduct in
Public Office and also took the opportunity to refine sections on
management of conduct of staff, misuse of official position as well as
supervisory accountability.
Charged with a diverse and dynamic portfolio of statutory duties, our
department must stay vigilant against potential vulnerabilities if we are
to satisfy the highest standard of probity, integrity and impartiality.
Colleagues should familiarize themselves with this important
document and adhere strictly to its letter and spirit.
( Roy Tang )
Commissioner of Customs and Excise
PART 1 CORE VALUES OF THE CIVIL SERVICE
1.1
The Government is committed to upholding the highest standards
of honesty and integrity throughout the Civil Service to enhance the quality
and efficiency of public services to the community. To this end, all staff1 in
the Department should adhere to the following core values -
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
commitment to the rule of law;

honesty and integrity;

objectivity and impartiality;

political neutrality;

accountability for decisions and actions; and

dedication, professionalism and diligence.
In this Code on Conduct and Discipline, unless elsewhere specified, “staff”, “staff members” and “officers”
shall include members of all grades in the Department and those employed on temporary, part-time and
non-civil service terms. “Service members” shall include members of Customs and Excise Service only.
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PART 2 THE DEPARTMENT’S MISSION
2.1
Being a progressive and forward-looking Customs organization
which contributes to the stability and prosperity of the community, the
Department has specific roles to play, which are best expressed in our Mission
Statement reading as follows 
to protect the Hong Kong Special Administrative Region
against smuggling;

to protect and collect revenue on dutiable goods;

to detect and deter narcotics trafficking and abuse of narcotic
drugs;

to protect intellectual property rights;

to protect consumer interests;

to protect and facilitate legitimate trade and industry and to
uphold Hong Kong’s trading integrity; and

to fulfil international obligations.
2.2
All staff should be committed to the Department’s mission which
clearly sets out the departmental aims and objectives of our areas of work.
2.3
All staff have a duty to discern, understand and meet the needs of
members of the public and to perform their duties with integrity.
INTEGRITY STEERING COMMITTEE
2.4
The Department will ensure an effective and efficient operation of
its work systems, and promote a high ethical standard among staff. Our
Deputy Commissioner is an appointed government Ethics Officer, who
assumes the overall responsibilities of all tasks related to integrity management
in the Department. An Integrity Steering Committee chaired by him was set
up in April 2001 with the following terms of reference -
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(a)
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to formulate a long-term departmental integrity strategy;
(b) to devise a departmental Integrity Action Plan and monitor its
implementation;
(c)
to review and, when necessary, revise existing departmental
integrity measures;
(d) to coordinate the development and implementation of local
and international integrity projects; and
(e)
2.5
to assess and allocate resources for promoting staff integrity
and healthy lifestyle.
The composition of the Integrity Steering Committee is as follows Chairman
: Deputy Commissioner
Members
: Assistant Commissioner
(Administration and Human Resource Development)
Assistant Commissioner
(Excise and Strategic Support)
Assistant Commissioner
(Boundary and Ports)
Assistant Commissioner
(Intelligence and Investigation)
Head of Trade Controls
Senior Staff Officer
(Service Administration)
Senior Staff Officer
(Service Quality and Management Audit)
Senior Staff Officer
(Prosecution and Management Support)
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Co-opted members : Representatives of the Independent
Commission Against Corruption
Secretary
: Executive Officer (Personnel) 3
WORKING GROUPS UNDER INTEGRITY STEERING
COMMITTEE
2.6
In support of a strong culture of professional ethic and probity in
the Department, the management has been fostering the fundamental values of
integrity, honesty and healthy lifestyle among Customs staff in a more
comprehensive approach. Since November 2003, three dedicated working
groups have been established as the executive arms of the Integrity Steering
Committee to help promote staff integrity, benchmark international practices
of integrity management and update the Department’s Code on Conduct and
Discipline (the “Code”). The terms of reference of each working group are
listed below Working Group on Code on Conduct and Discipline
(a)
to assist the Integrity Steering Committee in examining,
reviewing and updating the Code on Conduct and Discipline;
(b)
to monitor the latest development in relation to integrity
legislation and administrative guidelines introduced by the
HKSAR Government or the World Customs Organization and
propose appropriate amendments to the Code on Conduct and
Discipline accordingly; and
(c)
to promote the awareness and understanding of the Code on
Conduct and Discipline among C&ED staff.
Working Group on Promotion of Healthy Lifestyle and Staff
Integrity
(a)
to formulate measures and make recommendations to the
Integrity Steering Committee in promoting healthy lifestyle
and staff integrity;
(b)
to promote the awareness of all staff members on the
importance of healthy lifestyle and staff integrity;
(c)
to co-ordinate resources within the Department for organizing
activities to promote healthy lifestyle and staff integrity; and
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(d)
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to liaise and co-ordinate with major formations and the staff
associations in the Department concerning healthy lifestyle
and staff integrity activities.
Working Group on International Best Practices of Integrity
(a)
to assist the Integrity Steering Committee to monitor the
development of international best practices in relation to
integrity;
(b)
to review the Department’s existing practices relating to the
promotion of staff integrity by drawing reference to the
international best practices and make recommendations to
the Integrity Steering Committee as appropriate;
(c)
to assist the Integrity Steering Committee in formulating and
implementing policies regarding the promotion of integrity
based on development of international best practices; and
(d)
to liaise with overseas counterparts, private sector and other
government departments for the exchange of information,
experiences and expertise on international best practices in
promoting staff integrity.
INITIATIVES TO PROMOTE STAFF INTEGRITY
2.7
The Department has long recognized integrity as one of the core
values in delivering its services and achieving enforcement goals. Below are
the initiatives that the Integrity Steering Committee and the three Working
Groups have carried out in promoting ethical leadership, staff integrity and
healthy lifestyle in the Department 



Organizing integrity awareness seminars and workshops for
staff.
Constantly reviewing the work procedures to ensure effective
checks and balances in system control.
Cooperating with ICAC in promoting ethical culture in the
Department and in fostering an open, transparent and
productive relationship with the private sector.
Promoting the departmental ethical culture and the Code on
Conduct and Discipline with our overseas counterparts in
international forums.
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





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
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Regularly updating of the Code on Conduct and Discipline.
Production of a DVD to introduce the content of the Code on
Conduct and Discipline.
Uploading of e-learning programme for the Code on Conduct
and Discipline onto the CSTDI Cyber Learning Centre.
Introduction of Integrity Mailbox to answer questions on
integrity related matters.
Production of video and booklet on “Prudent Financial
Management”.
Production of video and booklet on “Staff Integrity –
Professional Commitment”.
Publishing of a quarterly Newsletter on “Promotion of
Healthy Lifestyle”.
Organizing departmental seminars and Gala Day to promote
healthy lifestyle message to the family of staff members.
Organizing seminars on promoting Happy Family Lives.
Organizing programme to promote physical fitness among
staff in the Department.
Organizing programme to promote good mental health among
staff in the Department.
Uploading of training materials on integrity measures to
Customs & Excise Information Portal.
Conducting survey for international best practices of integrity
management.
Promoting the Department’s integrity programme by
organizing integrity workshop in cooperation with ICAC to
business counterparts.
2.8
In order to sustain the momentum for building up a clean and
professional Customs service, all staff members in the Department should
familiarize themselves with the content of the Code and the relevant
regulations.
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PART 3 PERSONAL CONDUCT
REGULATORY FRAMEWORK
3.1
The Government and the Department adopt a multi-pronged
approach in the management of conduct of staff. On the legal front, the
Prevention of Bribery Ordinance (Cap. 201) (POBO) imposes specific
restrictions on the solicitation or acceptance of advantages by staff. Staff are
also subject to the common law offences such as misconduct in public office
(MIPO).
3.2
All staff must also comply with regulations, rules and guidelines on
conduct and discipline issued by the Government and the Department. The
Department will not tolerate any illegal or unethical acts. Non-compliance
with regulations, rules and guidelines may render a staff member liable to
disciplinary actions and criminal proceedings including prosecution (e.g. under
POBO and MIPO).
3.3
It is the responsibility of the staff to familiarize themselves with
regulations, rules and guidelines of the Government and the Department which
are subject to review from time to time.
3.4
Most of the regulations, rules and guidelines of the Government
and the Department are available on the Central Cyber Government Office
website and the Departmental Electronic Filing System. Part 9 and 10 of the
Code also contain source for advice and list of useful references.
ACCEPTANCE OF ADVANTAGES
3.5
All staff are prohibited by law to offer, solicit or accept bribes or to
accept advantages without permission. Every member of staff should
familiarize with sections 3, 4 and 10 of the POBO which are summarized
below section 3
It is an offence for a government officer to solicit or
accept any advantage without the general or special
permission of the Chief Executive.
section 4
It is an offence for a government officer to solicit or
accept any advantage in Hong Kong or elsewhere as
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an inducement to or reward for or otherwise on account
of his performing or abstaining from performing any act
in his capacity as a public servant.
section 10 It is an offence for a government officer to maintain a
standard of living or possess or control assets which are
not commensurate with his official emoluments without
any satisfactory explanation to the court.
Other major points to note in sections 3, 4 and 10 are tabulated at Annex A.
3.6
Every staff member should note that one may commit an offence
under the POBO irrespective of whether he, or any other person acting on his
behalf, directly or indirectly solicits or accepts any advantage, and whether for
himself or for any other person.
3.7
“Advantage” is defined in section 2 of the POBO to mean almost
anything which is of value, except entertainment which will be covered under
a separate heading (see paragraphs 3.18 - 3.23 below). Common examples
include gift (of money and in kind), loan, fee, reward, commission, office,
employment, contract, service and favour.
3.8
From past experience, government officers are not always offered a
direct bribe at the outset. Corruption often starts with the government officer
being offered small favours to keep him sweet i.e. the “sweetening process”.
Section 3 of the POBO aims to prevent this from happening and is applicable
irrespective of whether the advantage relates to a corrupt motive or whether
the advantage is solicited or accepted in one’s official or private capacity. To
avoid posing undue restriction for government officers, the Acceptance of
Advantages (Chief Executive’s Permission) Notice 2010 (AAN) is in place to
set out those advantages which a government officer may solicit or accept
without committing an offence.
Acceptance of Advantages in the Private Capacity
3.9
All staff of the Department are prohibited under the POBO to
solicit or accept advantages without permission. Under the AAN, general
permission is given to an officer to solicit or accept any “unrestricted”
advantages and the following four types of “restricted” advantages under
specific conditions (a)
gifts (both of money and in kind);
(b) discounts;
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(c)
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loans of money; and
(d) air, sea and overland passages.
The conditions and circumstances for soliciting or accepting the “restricted”
advantages are set out in paragraphs 3 to 7 of the AAN. The gist is
summarized in the tables at Annexes B and C.
3.10
Any advantage other than a “restricted” advantage is regarded as an
“unrestricted” advantage. Examples of “unrestricted” advantages include
loans of objects (but not money), free service (please see paragraph 3.24
below), cash rewards including Good Citizen Rewards, rewards for
outstanding academic achievement and prizes/awards from open competition
(e.g. an essay competition or a sports event, etc). It should be noted that
while general permission has been given under the AAN for the solicitation or
acceptance of “unrestricted” advantages, an officer must ensure that the
solicitation or acceptance of such advantages would not give rise to a conflict
of interest with his official duties or bring the Government into disrepute.
3.11
If an officer wishes to accept “restricted” advantages in his private
capacity in the circumstances not covered in the general permission given in
paragraphs 3 to 7 of the AAN, he should, before or as soon as reasonably
possible after being offered or presented with the advantages, seek special
permission from the Commissioner or Departmental Secretary, as appropriate.
The officer should use the form at Annex D and follow the prescribed
procedures in the departmental standing circular for seeking such special
permission.
3.12
If an officer wishes to solicit any “restricted” advantages in his
private capacity in the circumstances not covered in the general permission
given in paragraphs 3 to 7 of the AAN, he must, before soliciting the
advantages, seek special permission from the Commissioner.
3.13
The following are some examples to illustrate that an officer may
be liable to criminal proceedings under section 3 of the POBO and/or
disciplinary proceedings if he solicits or accepts advantages without special
permission (a)
an officer buying goods (e.g. optical discs, liquor/cigarettes,
travelling tickets) or procuring services (e.g. transportation
services) at a special discounted price not equally available to
members of the public from traders or operators towards
whom he has enforcement responsibilities;
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(b) an officer accepting free gifts from a duty free shop to which
the officer is responsible for issuing permits;
(c)
an officer borrowing money from cross-boundary lorry
drivers;
(d) an officer obtaining from friends or colleagues loans of
money exceeding the limits of the AAN as stipulated in
Annex C; and
(e)
an officer accepting a gift from his subordinate, irrespective
of its value and the occasion on which the gift is offered.
Acceptance of Advantages on behalf of Staff Association
3.14
The procedures and requirement for an officer soliciting or
accepting advantages on behalf of his staff association or club are the same as
soliciting and accepting the advantages for his own benefit. Before
submitting the application, the officer should ensure that (a)
the advantage (e.g. donation) is offered voluntarily and not as
a result of pressure or compulsion from the staff association;
(b) acceptance of the advantage will not bring into question the
impartiality of the Department; and
(c)
there should be no undue publicity associated with the
acceptance.
Conflict of Interest
3.15
Officers should note that they may be liable to disciplinary action if
they solicit or accept any advantage (even one permitted under the AAN) if
this has led, or could have led, to actual or perceived conflict between their
private interests and their official duties or positions, or if this brings the
Government into disrepute (see “Handling of Conflict of Interest Situations” at
paragraphs 3.41 to 3.47).
Acceptance of Advantages in One’s Official Capacity
3.16
For the purpose of section 4 of the POBO which deals with the
crime of official corruption happened in Hong Kong or elsewhere, staff are
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discouraged from accepting advantages presented to them in their official
capacity. It should be noted that even if the officer has no real power to fulfil
his promise or has not in fact fulfilled the promise, parties offering or
accepting a bribe are liable to criminal proceedings under section 4. Some
examples of an offence under section 4 of the POBO are (a)
an officer accepting advantages from a garment manufacturer
as a reward for harbouring the manufacturer who gave false
declaration of country of origin;
(b) an officer soliciting and accepting advantages from
syndicates or persons as a reward for allowing particular
vehicles to pass through a control point without inspection;
(c)
an officer soliciting or accepting advantages from a shop
owner selling counterfeit/copyright infringement goods
(including goods bearing a false trade description) or the like
as a reward for giving the shop owner prior warning of the
Department’s raids;
(d) an officer accepting free passage, accommodation or other
expenses from a supplier during his overseas visit as a reward
for accepting substandard goods or services for the
Department; and
(e)
an officer soliciting or accepting an advantage from his
subordinate as a reward for giving good appraisal on his
performance or assigning less and fewer jobs to him or giving
him assistance in a promotion exercise.
3.17
Under the Civil Service Regulation (CSR) 444(2), advantages
offered to an officer and/or the officer’s spouse by virtue of the officer’s
official capacity or on an occasion attended in the officer’s official capacity
(including those offered/presented by another government), whether in Hong
Kong or elsewhere, are regarded as advantages to the Department. Officers
should as far as possible decline to accept gifts offered/presented to them by
virtue of their official position. If this cannot be done owing to protocol
reasons or the need to avoid great offence or embarrassment, the gift should be
taken back to the Department and the officer should follow the prescribed
procedures in the departmental standing circular to report the case, as soon as
possible, to the Commissioner or Departmental Secretary, as appropriate, using
the form at Annex E for a decision on how to dispose of the gifts. However,
if the gift is in the form of “laisee” or money coupon, officers should decline
acceptance. In the interest of administrative convenience, blanket permission
is given by the Commissioner for other officers to personally retain gifts under
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certain circumstances as specified in the relevant departmental standing
circular.
ACCEPTANCE OF ENTERTAINMENT
3.18
As defined in section 2 of the POBO, “entertainment” means 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. The acceptance of free food, drink and show, etc. may in certain
circumstances become an advantage (e.g. when it amounts to a “discharge of
an obligation to pay”), the acceptance of which may render the officer liable to
prosecution under the POBO. Although entertainment is an acceptable form
of business and social behaviour, an officer should not accept lavish, or
unreasonably generous or frequent entertainment, or indeed any entertainment
that is likely to (a)
put the officer in an obligatory position in the discharge of his
duties;
(b) bring the officer or the public service into disrepute; or
(c)
give rise to any potential or real conflict of interest.
3.19
When being offered entertainment, an officer should consider
carefully, in the light of the guidelines mentioned above, whether the
entertainment offered could be regarded as (a)
excessive – taking into account its value, substance,
frequency and nature;
(b) inappropriate – taking into account the relationship between
the officer and the donor (e.g. whether they have any direct
official dealings); or
(c)
undesirable – taking into account the character, reputation and
business of the host and the known attendees, etc.
This is to avoid embarrassment or loss of objectivity when conducting the
Department’s business, or bringing the officer or the Department into disrepute
or leading to any actual or perceived conflict of interest. Reference should be
made to CSRs 431-435. Officers who have doubts about accepting an offer
of entertainment are strongly advised to seek guidance from the Commissioner
or Departmental Secretary, as appropriate, before accepting the entertainment.
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3.20
Accepting entertainment may put an officer in an obligatory
position. The following departmental guidelines are drawn up to assist
officers in determining whether entertainment of any sort should be accepted (a)
staff should avoid accepting entertainment offered by
potential tenderers, contractors, vendors and suppliers;
(b) staff responsible for processing licence applications relating
to optical discs, controlled chemicals, dutiable commodities
and money changing and remittance services, etc. should
avoid accepting entertainment from the relevant applicants;
(c)
staff responsible for investigation/inspection duties should
avoid accepting entertainment from persons or companies
under investigation/inspection, in particular when invitations
are
made
immediately
before
or
after
investigation/inspection;
(d) staff should avoid accepting excessive or frequent
entertainment provided by traders or operators with whom
they have official dealings, or parties with which the
Department has an enforcement responsibility on their
activities;
(e)
staff should avoid accepting entertainment provided by vice
operators or persons of dubious characters; and
(f)
staff may accept but should not solicit graduation reception
organized by trainees.
3.21
If acceptance of entertainment is considered necessary in the
interests of the Department, e.g. for liaison and public relations purposes, the
number of representatives from the Department accepting the entertainment
should be kept to the minimum. No “laisee” should be accepted and no
mahjong games and other forms of gambling activities should be played on
such occasions. If souvenirs or gifts are presented, the officer concerned
should report the details to the Commissioner or Departmental Secretary, as
appropriate, for disposal of gifts using the form at Annex E.
3.22
Staff accepting entertainment (except non-alcoholic drinks) offered
by traders or operators with whom they have direct official dealings are
advised to notify their Branch Heads or Heads of Major Formations, as
appropriate, prior to or immediately after the function. A sample of the
notification form is at Annex F. In case of doubt, they should seek
clarification from their supervisors. The officer on receipt of the notification
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form should consider whether the entertainment offered is inappropriate or
excessive in frequency, and whether appropriate advice should be given to the
staff concerned. The notification form should then be properly filed for
record purpose.
For acceptance of entertainment by the Deputy
Commissioner and Branch Heads, they should report to the Commissioner.
3.23
Where it is considered not appropriate to decline an invitation to
entertainment which may contravene the guidelines in paragraphs 3.18 to 3.20
for reasons of courtesy or special circumstances, the officer should seek prior
approval from the Commissioner. If it is impractical for prior approval to be
obtained (e.g. where an official contact paid the bill for a meal for an officer or
his family or friends without informing the officer in advance), the officer
should make an effort to effect the repayment. If repayment is unsuccessful,
the officer should seek covering approval to accept the entertainment.
ACCEPTANCE OF FREE SERVICE
3.24
Free services (such as legal service or provision of professional
advice) are an “unrestricted” advantage for the purpose of the AAN.
However, before an officer accepts a free service, he should ensure that he has
no official dealings with the service provider or his business and that the
acceptance would not place him in an obligatory position or bring the
Government into disrepute. In any case, staff should avoid accepting free
service from colleagues, especially subordinates.
3.25
If an official relationship between the officer and the service
provider arises after acceptance of the service, it is advisable for the officer to
report the acceptance to his Branch Head or Formation Head, as appropriate, to
avoid any perceived conflict of interest.
MISCONDUCT IN PUBLIC OFFICE
3.26
The common law offence of MIPO extends the reach of criminal
law beyond bribery into various types of misconduct of public officers when
discharging their official duties. The elements constituting the offence of
MIPO are as follows –
(a)
a public official;
(b)
in the course of or in relation to his public office;
(c)
wilfully misconducts himself; by act or omission (for
example, by wilfully neglecting or failing to perform his
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duty);
(d)
without reasonable excuse or justification; and
(e)
where such misconduct is serious, not trivial, having regard
to the responsibilities of the office and the office-holder, the
importance of the public objects which they serve and the
nature and extent of the departure from those responsibilities.
3.27
The misconduct must be deliberate rather than accidental in the
sense that the public official either knows that his conduct is unlawful or
wilfully disregards the risk that his conduct is unlawful. Wilful misconduct
without reasonable excuse or justification is culpable.
3.28
The essential feature of the offence is an abuse by the public
official of the powers, discretions or duties exercisable by virtue of his official
position conferred on him for the public benefit.
3.29
An officer may commit MIPO even if his misconduct does not
involve any bribery or he does not have any pecuniary gains as a result.
3.30
The Government takes a serious stance towards the offence of
MIPO. In addition to the punishment imposed by the court, an officer who is
convicted of the offence is liable to disciplinary action and severe sanction,
including removal from the service with or without retirement benefits.
Further information can be found in the Civil Servants’ Guide to Good
Practices provided to all staff.
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MISUSE OF OFFICIAL POSITION
3.31
All staff should act impartially and should not use their official
position to further their private interests, nor accord preferential treatment to
organizations or persons with whom they have connections. They should not
use or permit the use of their official position or title or an authority associated
with their public office in a manner that is intended to coerce or induce another
person, including a subordinate, to provide any benefit to himself or his
relations, friends or associates. They should not ask or direct any subordinate
to perform any act or to provide service other than those legitimately required
in the performance of official duties. Nor should they use their official
position or title in a manner that could reasonably be construed to imply that
the Department sanctions or endorses their personal activities or those of
another. The following are some examples of misuse of official position
related to the Department’s work (a)
staff responsible for processing licence applications allowing
applicants who are their relatives, friends to jump the queue;
(b) staff purchasing goods, accepting free samples or special
services, such as made-to-measure service of clothing, from
manufacturers or traders during factory inspections;
(c)
staff engaged in personnel administration duties
recommending subordinates for promotion due to their close
personal relationship rather than merits of performance;
(d) staff promoting businesses run by their relatives to their
subordinates, giving the perception that their subordinates are
obliged to patronize such businesses to please their
supervisors;
(e)
staff borrowing money from persons or companies with
whom they have official dealings or enforcement
responsibilities. This may also constitute a criminal or
disciplinary offence for borrowing from unauthorized sources
as laid down in CSRs 482-483;
(f)
staff responsible for recommending/endorsing claims turning
a blind eye to his subordinate’s fraudulent claims for
overtime/travelling allowances because of their close
personal relationship;
(g) staff in charge of investigating a complaint case involving
officers of the Department giving undue favourable treatment
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17
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to or maintaining an undesirable association with any of those
involved;
(h) staff supplying a reference for a candidate in a recruitment
exercise in which he is involved; and
(i)
staff soliciting favour or assistance from his subordinates in
dealing with their own personal matters.
3.32
In some cases, wrongful acts of an officer may further lead to
criminal offence. For general reference, some examples are listed below (a)
protecting persons who sell illicit oil;
(b) harbouring a garment manufacturer who gives false
declaration of country of origin of his products;
(c)
protecting syndicates or persons who smuggle dangerous
drugs or unmanifested cargoes into or out of Hong Kong;
(d) bringing back excessive duty-free cigarettes and liquors into
Hong Kong and bypassing checking at the control points;
(e)
accepting advantage from applicants for passing them in a
recruitment exercise; and
(f)
harbouring a rough diamond trader or buying jewels at a
discount offered by the rough diamond trader because of his
official position.
3.33
The examples and activities quoted above are by no means
exhaustive.
In case of doubt, staff should seek advice from their
supervisors/Formation Heads who may seek clarification with the Assistant
Commissioner (Administration and Human Resource Development) or
Departmental Secretary when necessary.
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MISUSE OF THE DEPARTMENT’S ASSETS AND RESOURCES
3.34
Staff should make the best use of the Department’s assets and
resources in terms of money, property, goods or services economically,
effectively and only for official purposes and authorized activities.
3.35
Staff should use official time at work in an honest effort to perform
official duties and are strictly prohibited from making false claim of allowance.
Any appropriation of the Department’s properties by staff for personal use or
for resale is also strictly prohibited. This may amount to an offence under the
Theft Ordinance (Cap. 210).
MISUSE OF PROPRIETARY INFORMATION
3.36
Staff who have access to or in control of proprietary information
should provide adequate safeguards to prevent its abuse or misuse. They
should not use any information made available to them in the course of their
duties in return for monetary rewards or personal interest, or disclosure of
information to sabotage the public and the Department’s interest. Disclosing
proprietary information not relating to the proper discharge of an officer’s
official duties may constitute a criminal or disciplinary offence. Such
information may relate to all aspects of the Department’s operations including
strategic planning, projects, applications and database, etc. Some examples
are as follows (a)
information in the Land Boundary System, Customs Control
System, Customs Internal Constraint Codes;
(b) information contained in the target list and watch list;
(c)
information relating to intelligence and investigation;
(d) information in connection with recruitment exercises and
tendering exercises;
(e)
strength, deployment, shift pattern and duty roster of
individual teams engaged in enforcement activities;
(f)
planning or ongoing capital projects of the Department;
(g) prosecution policies, enforcement strategies, code of practices
or internal guidelines relating to waiver of late lodgement
penalty as well as the procedures on recovery and write-off of
trade declaration charges;
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19
-
(h) evidence, information and prosecution tactics of individual
cases;
(i)
conviction records;
(j)
commercially sensitive data such as trader’s trading
information, size of orders, unit prices and discounts;
(k) cargo consignment/manifest data
importer/cargo agent forwarders;
(l)
and
particulars
of
methodology adopted in verifying the prices of liquors; and
(m) administrative criteria governing the repayment of duties.
3.37
Staff should refuse requests for information or advice from their
relatives, friends or any other persons that may give them an unfair advantage
over other persons, for example, in obtaining a licence from the Department.
When the person making the request is a relative, friend or acquaintance, the
officer to whom such a request is made should act as follows (a)
where the advice can be given legitimately (e.g. general
information relating to the Department), the officer should
refer the request to the subject officer in the normal way or
give an impartial advice himself; and
(b) where the request is legitimate and the officer approached is
himself the subject officer, the officer should make a note of
the advice given together with the relationship between
himself and the person concerned. The note should then be
filed and forwarded to the officer’s supervisor for information
and record purposes.
3.38
Some common examples of misuse of proprietary information
involving conflict of interest are (a)
an officer responsible for investigation or inspection duties
disclosing sensitive or confidential operation-related
information (e.g. watchlisted targets, impending raids or
inspections, progress of an investigation case, operational
strategies and tactics) to his family member, relative or
personal friend who is operating or working in a company,
factory or business which is subject to the Department’s
enforcement action;
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20
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(b) an officer involved in conducting surveillance or gathering
intelligence disclosing sensitive or confidential information
obtained to his family member, relative or personal friend
who is operating or working in a company, factory or
business which is subject to the Department’s enforcement
action;
(c)
an officer responsible for licensing functions disclosing
sensitive and confidential information obtained to assist his
family member, relative or personal friend in applying for a
licence;
(d) an officer involved in a tender exercise disclosing
confidential tender assessment criteria to a company in which
his family, relatives or close personal friends work or have a
financial interest; and
(e)
an officer responsible for licensing control having his spouse
operating a consultancy firm advising clients on licensing
matters.
3.39
When handling sensitive information, staff are reminded to strictly
comply with the “need-to-know” principle. Officers responding to authorized
request for information should not disclose more information than necessary.
Likewise, officers making authorized request for information should not
request for more information than necessary for pursuance of their official duty.
This rule of thumb holds for all circumstances, whether officers are disclosing
information under authorization to members of the Department, other
Government Departments, overseas counterparts, or parties or persons of the
commercial sector.
3.40
Staff should also be mindful in handling information containing
personal data. They should note that unauthorized disclosure of personal
details on departmental computer or paper records may constitute a breach of
the provisions of the Personal Data (Privacy) Ordinance (Cap. 486).
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21
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HANDLING OF CONFLICT OF INTEREST SITUATIONS
3.41
Conflict of interest situations arise when the private interests of an
officer compete or conflict with the interests of the Department. “Private
interests” include the financial and/or other interests of the officer himself and
those of the following (a)
his family or other relations;
(b) his personal friends;
(c)
the clubs and associations to which he belongs;
(d) any other groups of people with whom he has personal or
social ties; or
(e)
any person to whom he owes a favour or is obligated in any
way.
3.42
All officers must avoid at all times any conflict of interest between
their official duties and private investments and, in particular, in relation to the
following activities and trade 









import and export;
dutiable commodities;
motor vehicles, including dismantling of left-hand-drive
vehicles;
airfreight forwarding;
vanning and devanning of containers;
textiles;
money changing and remittance;
intellectual property;
consumer goods, toys and children’s products; and
any other goods to which the Ordinances specified in
Schedule 2 to the Customs and Excise Service Ordinance
(Cap. 342) apply.
3.43
Conflict of interest situations may lead to corruption or other
malpractice, thus affecting the interests and reputation of the Department as a
whole. Some common types of conflict of interest situations that staff should
avoid are (a)
engaging in recruitment, promotion and posting of staff as a
board member or a responsible staff member where one of the
candidates under consideration is his family member, relative
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22
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or personal friend;
(b) involving in the nomination or selection process for local or
overseas training courses or study trips, or academic awards
where one of the candidates under consideration is his family
member, relative or personal friend;
(c)
involving in a tender assessment exercise where one of the
bidders under consideration is his family member, relative or
personal friend;
(d) engaging in investigation of the companies in which his
relatives or friends are working or having financial interests;
(e)
failing to declare financial interest in any suppliers,
contractors or other organizations that do business with the
Department;
(f)
engaging in negotiating for the Department the procurement
of any goods or services from suppliers who are relatives or
personal friends of the officer;
(g) engaging in making a decision on the award of a contract to a
firm which he will join after resignation/retirement;
(h) giving undue favourable treatment to a particular supplier,
contractor, client or subordinate for personal reasons;
(i)
accepting free transportation service provided by operators
who have official dealings with the Department or who come
under the officer’s enforcement responsibilities; and
(j)
accepting from people who have official dealings with the
Department offer of complimentary tickets to a
fair/function/performance which the officer is not invited to
attend in his official capacity to discharge his official duties.
3.44
Every officer should take it as his personal responsibility to be alert
to and avoid engaging in situations that may lead to an actual or perceived
conflict of interest. He should at all times ensure that his dealings with
members of the public, suppliers, contractors, traders or other related
personnel and colleagues do not place him in a position of obligation that may
lead to a conflict of interest situation. If an officer has official dealings with a
former colleague, he should ensure that his official dealings with the former
colleague are handled in the same manner as with other members of the public.
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3.45
It is the responsibility of an officer to make full disclosure in
writing to the Deputy Commissioner, Branch Heads or Formation Heads, as
appropriate, using the form attached at Annex G, for any conflict of interest
situation specified under paragraphs 3.41 to 3.43. It is normally adequate for
the supervisor to relieve the officer concerned from performing or getting
involved in performing the work which may give rise to a conflict of interest.
Transfer to another post should be considered if all other courses of action are
not appropriate. Any such reports and actions taken should be properly
recorded and filed by the supervisor.
3.46
In cases of unforeseen circumstances when a conflict of interest
situation arises before an officer can report to the Department, he should take
the initiative to make a verbal declaration to his supervisor on the scene and
such a declaration should be properly recorded and filed by his supervisor.
3.47
Failure to avoid or to declare a conflict of interest may render an
officer liable to disciplinary action and, in certain circumstances, criminal
proceedings including prosecution under the common law offence of MIPO.
INVESTMENT
3.48
Staff are free to make any private investments but they must take
due care to avoid taking investment risks beyond their financial means. They
are also required to uphold the honesty and impartiality of the Civil Service
and to observe an exemplary standard of personal integrity in making private
investments. Under the declaration system set out in the CSB Circular, civil
service posts requiring declaration are classified into two tiers. Staff holding
Tier I or II posts are subject to the declaration requirements as detailed in
CSRs 463-466 and the relevant departmental standing circular.
3.49
While staff holding the posts which are not designated under the
two tiers will not be subject to any requirement for regular declaration of
investments, they should also consider carefully whether any investment they
are about to make may lead to an actual or perceived conflict of interest with
their official duties. Examples of investments, which could create a conflict
of interest, include but are not limited to the following (a)
an officer or his spouse/family member/close relative
establishing a company to purchase goods from importers
who have official dealings with the officer himself;
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24
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(b) an officer on enforcement duties at control points investing or
having control of investments in a transportation company
which is engaged in the transportation of goods or passengers
across the Hong Kong boundary;
(c)
an officer responsible for information system planning and
installation investing or having control of a company selling
computers or providing information technology services to
the Department;
(d) an officer engaged in marine and land enforcement or
investigation duties investing in business dealing with the
import/export or sale of dutiable commodities or other
controlled items;
(e)
an officer engaged in intellectual property rights investigation
investing in business dealing with computer software, sale or
manufacture of optical discs, import/export or sale of branded
goods, etc.;
(f)
an officer responsible for processing licence applications for
the manufacturing of optical discs investing in companies
engaged in optical disc business;
(g) an officer responsible for processing licence applications for
money changing and remittance agencies investing in
companies engaged in money changing and remittance; and
(h) an officer with trade controls inspection, investigation or
related responsibilities, investing or having control of
investments in an entity registered with the Trade and
Industry Department for certification or licensing purposes.
3.50
The onus for reporting conflict of interest between their official
duties and private investments rests with individual officers. An officer who
fails to observe any of the regulations on investments renders himself liable to
disciplinary proceedings, and may in addition be required to divest himself of
any or some of the investments, refrain from acquiring or disposing of the
investments or place the investments in a blind trust.
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OUTSIDE WORK
3.51
The Department has a prior call at all times on the service of all
staff. Outside activity (whether paid or unpaid) which may impair an
officer’s performance of his duties or distract his attention from them must be
avoided. CSRs 550-564 set out the general guidelines on outside work.
3.52
Staff should apply for permission before they take up any paid
outside work during or outside working hours, or unpaid outside work during
working hours. Applications for outside employment should be made on the
application form at Annex H and sent to the appropriate approving officers as
indicated below for approval Staff members applying for
outside employment
Directorate officers other than the Deputy
Commissioner
Non-directorate Service members
Approving Officer
Deputy Commissioner
Assistant Commissioner
(Administration and Human
Resource Development)
Non-directorate Trade Controls Officer Grade staff
Head of Trade Controls
General and Common Grades staff
Departmental Secretary
Concerning applications for paid outside work with the Auxiliary Forces (i.e.
the Government Flying Service, the Hong Kong Auxiliary Police Force, the
Auxiliary Medical Service, and the Civil Aid Services) from officers at the
rank of Senior Inspector/Senior Trade Controls Officer and below, the
approving authority is further delegated to Senior Staff Officer (Service
Administration) and Head of Trade Declaration and Systems Bureau
respectively.
3.53
Staff who take up paid outside work during or outside working
hours, or unpaid outside work during working hours without prior approval
from the Department will be liable to disciplinary action.
3.54
Staff who have been granted with approval to perform paid outside
work are required to inform the management whenever they have undertaken
outside work while on sick leave. For administrative convenience, sick leave
of two days or less may be excluded from this reporting requirement. Staff
who have undertaken outside work while on sick leave are required to report it,
within three working days, in writing to the approving officers as mentioned in
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26
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paragraph 3.52, as appropriate. Their report should route through their Head
of Major Formation, stating the date of sick leave and the date the staff have
undertaken their outside work. The staff should also include an explanation
on why they can perform the outside work while they are unable to take up the
normal duties due to sickness (as they are on sick leave). Based on the
explanation, their Head of Major Formation is required to assess whether the
staff have abused the sick leave provision by false representation of sickness.
3.55
It is crucial that outside work should not affect the performance of
the staff’s duties or conflict with their official position. Common examples
of outside work which would lead to a conflict of interest situation include an
officer working for (a)
an optical disc factory or trading company;
(b) a company providing transportation service for the movement
of goods or passengers to and from Hong Kong;
(c)
a textile factory or trading company;
(d) a company engaging in import or export of strategic
commodities/rough diamonds;
(e)
a company engaging in money changing and remittance; and
(f)
a company engaging in business in relation to controlled
chemicals.
3.56
Staff may, without having to seek permission, undertake outside
work outside working hours provided that they do not receive any
remuneration for such undertaking and that such work will not give rise to any
actual or perceived conflict of interest with their official duties or
embarrassment to the Department. It is the responsibility of the staff to
ensure that there is no conflict of interest before taking up any unpaid outside
work outside working hours. They should seek advice from their supervisors
in case of doubt.
3.57
Staff members, who are about to resign or retire, should be aware
of possible conflict of interest between their loyalty to the Department and to
the organization they intend to work for after leaving the civil service.
Within two years of retirement after expiry of final leave, a retired officer
requires prior approval from the following authorities before taking up any
post-retirement employment or engaging in any business activity the principal
part of which is carried out in Hong Kong.
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-
Staff members applying for
post-retirement employment
Directorate officers
Senior Superintendent and Principal Trade
Controls Officer
Superintendent, Assistant Superintendent and
Chief Trade Controls Officer
Senior Inspector and below
Approving Officer
Secretary for the Civil Service
Commissioner
Deputy Commissioner
Assistant Commissioner
(Administration and Human
Resource Development)
Senior Trade Controls Officer and below
Head of Trade Controls
Clerical Grades and Secretarial Grades
Departmental Secretary
GAMBLING
3.58
Staff should not indulge in frequent or excessive gambling of any
kind. Gambling activities of any financial stakes with subordinates or
persons with whom the officer has official dealings or against whom he has
enforcement responsibilities should be avoided. Even in social games, staff
must exercise judgement and withdraw from any high stake games.
INDEBTEDNESS
3.59
All officers are advised to use their money wisely and to avoid
incurring debts beyond their capacity to repay. Officer should also ensure
that personal financial problems, if any, would not impair his efficiency at
work and integrity as a civil servant. The policy and management measures
against officers with an indebtedness problem are set out in CSRs 455-459 and
the relevant departmental standing circular.
3.60
In accordance with CSR 455, if an officer’s efficiency is impaired
or if there is misconduct as a result of indebtedness (e.g. frequent absence from
work without permission), the officer concerned may be liable to
administrative action (e.g. stoppage/deferment of increment or even early
retirement in the public interest) or disciplinary sanction where appropriate.
Among the common causes for staff becoming insolvent or bankrupt are
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28
-
excessive gambling and borrowing, speculative investment and leading of a
life style beyond their means.
3.61
In accordance with CSRs 457 and 458, staff who become insolvent
or bankrupt, even though no proceedings have been taken against them, are
required to report the matter, via their immediate supervisor and/or respective
Formation Heads, to the following designated officers using the form attached
at Annex I Staff members who are
involved in indebtedness case
Members of Superintendent Grade
Members of General and Common Grades with a
starting salary point on or above MPS Point 34
Members at the rank of Principal Trade Controls
Officer and Chief Trade Controls Officer
Designated Officer
Assistant Commissioner
(Administration and Human
Resource Development)
Head of Trade Controls
Members of Inspectorate Grade and Customs
Officer Grade
Members at the rank of Senior Trade Controls
Officer, Trade Controls Officer and Assistant
Trade Controls Officer
Staff Officer
(Staff Relations)
Members of General and Common Grades with a
starting salary point below MPS Point 34
Staff with an indebtedness problem are encouraged to approach the above
designated officers for advice, counselling and assistance.
3.62
Supervisors should offer early counselling to staff suspected to
have financial problems and monitor their performance. They should review
the posting of heavily indebted officers to decide whether they should be
posted to jobs which do not have enforcement responsibilities or access to
sensitive information. In any case, they should ensure that no such staff are
deployed on duties involving the handling of public money. They are
required to report to senior management cases where there are reasons to
believe that deterioration in a subordinate’s performance is the result of
indebtedness.
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LOANS
3.63
The approved sources of finance from which staff may borrow
money (whether at interest or not) include licensed banks, reputable lending
facilities both inside and outside the Government as listed in CSR 482(2).
Examples of these sources can also be found in the booklet “Sources of
Finance for Civil Servants” (issued by Civil Service Bureau, which is available
at CSB’s website at http://www.csb.gov.hk/english/publication/files/efin.pdf).
3.64
Unless otherwise approved by the Department, staff are prohibited
from borrowing money (whether at interest or not) from sources other than
those listed in CSR 482(2). As stipulated in CSR 483, an officer should also
not, without approval, use a subordinate or a junior officer of the same grade
or working in the same bureau/department as a guarantor for a loan or hire
purchase agreement. Moreover, he should not act as a guarantor for a superior
or senior officer of the same grade or working in the same bureau/department.
Those who contravene the regulations are liable to disciplinary punishment
and, depending on circumstances, to prosecution under section 3 of the POBO.
3.65
Staff or their immediate family members should not grant or
guarantee a loan to, or accept a loan from or through the assistance of any
individual or organization having business dealings with the Department. For
example, staff who are responsible for enforcement actions at the control
points should not borrow money from cross boundary drivers or operators of
transportation companies.
Staff borrowing money from friends and
colleagues may constitute an offence under the POBO if the circumstances as
set out in Annex C are not observed. Staff are reminded that the loans should
normally be repaid within 30 days.
DILIGENCE
3.66
All staff are required to use their utmost exertion to promote the
interests of the Government. They should be committed and dedicated to
their work and should discharge their duties and responsibilities with care,
diligence and thoroughness in accordance with established procedures and
instructions.
3.67
An officer should observe punctuality at all times in his work. He
should not be absent from his place of work without explicit leave or
permission. Officers who are required to sign their attendance must properly
sign the Attendance Book in person. Under no circumstances should they ask
colleagues to sign the Attendance Book on their behalf nor should they
themselves sign on behalf of others. An officer making false entries in the
Attendance Book and the supervisor concerned conniving at such malpractice
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30
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will lay themselves open to disciplinary action and, in certain circumstances,
criminal proceedings (e.g. under Section 9(3) of the POBO).
3.68
An officer who is absent from duty without leave or permission is
deemed to have committed a serious misconduct if he cannot satisfactorily
account for his unauthorized absence, and is liable to disciplinary action. An
officer with prolonged unauthorized absence may end up with him being
summarily dismissed from the service and all his claims of pension, gratuity
and other like benefits be forfeited.
RESPECT FOR INTELLECTUAL PROPERTY RIGHTS
3.69
The Government has a good reputation for control and management
of intellectual property. As part of the Civil Service and more importantly, as
members of the Department responsible for protection of intellectual property
rights, we should regard ourselves as role-models for Hong Kong society in
the respect and protection of intellectual property rights. We should go an
extra mile to achieve the highest standards.
3.70
The use of unauthorized computer software and pirated goods are
strictly prohibited. Staff who breach the departmental guidelines on the
proper use of software would be liable to disciplinary action and/or criminal
prosecution.
HOUSING BENEFITS
3.71
All officers receiving civil service housing benefits are required to
thoroughly acquaint themselves with the regulations governing the provision
of housing benefits and to observe the rules at all times. Any breach of the
terms and conditions of the various housing benefit schemes will be taken very
seriously.
3.72
Depending on the gravity of the case, the officers concerned may
also be liable to disciplinary punishment, including dismissal. Officers are
also reminded that breach of the terms and conditions of the housing benefits
schemes may, in certain circumstances, constitute a criminal offence. Some
examples of the possible breaches are listed below for general information.


Failure to report public housing benefits being received by
himself or his spouse, and receipt of civil service housing
benefits and public housing benefits concurrently.
Receipt of civil service housing benefits while his spouse is
-




31
-
receiving housing benefits from her employer concurrently.
Failure to personally live in the accommodation under the
civil service housing benefit scheme as his full-time
residence.
Letting or subletting of the accommodation under the civil
service housing benefit scheme.
Failure to report changes affecting eligibility for housing
benefits, e.g. marriage, completion or reduction of mortgage
repayment, receipt of housing benefits by spouse, etc.
Claiming of rental allowance with an accommodation the
officer or his relative has a financial interest.
RELATIONS WITH THE PUBLIC
3.73
Staff should note the elements depicted in paragraphs 3.74 – 3.82 in
their relations with the public.
Courtesy
3.74
Courtesy is the first impression given to the public. Working in a
law enforcement agency does not necessarily mean that staff need to show a
square face to members of the public. Instead, the adoption of a polite and
helpful attitude will often speed up the process of many matters. In dealing
with the public, staff should not (a)
ignore any request or enquiry put forth to them;
(b) behave in an acrimonious or offensive manner; and
(c)
use any foul language even when a degree of bad feeling has
emerged.
3.75
It is the Government’s aim to serve the community. Staff should
treat members of the public with respect, courtesy, consideration and reason.
They should conduct themselves in a manner consistent with their position and
refrain from engaging in conduct that might bring discredit or embarrassment
to the Government.
Good Faith
3.76
All staff should act in good faith towards the public. In their
official dealings with the public, they should act to facilitate and reflect their
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eagerness to assist the public by adopting the following suggested approaches (a)
providing “one-stop” service to members of the public with
whom the officer is dealing as far as practicable;
(b) publishing relevant rules, regulations and procedures in
pamphlets for easy reference by the public; and
(c)
setting up liaison meetings with customers to improve
communication and co-operation.
Fairness and Impartiality
3.77
It is essential that staff should be, and be seen to be, impartial in
their dealings with the public. The following situations may invite criticisms
that one party is being favoured over another, and should therefore be
avoided (a)
becoming involved in the promotional activities of private
organizations;
(b) accepting excessive
organizations;
(c)
promotional
gifts
from
private
receiving promotional items from private organizations
without fulfilling the requirements which other people need
to fulfil for such offer;
(d) attending entertainment activities offered by private
organizations not pertaining to any special occasion; and
(e)
accepting free service from people with whom they have
official dealings.
Reference should be made to guidelines in this Code with regard to the
acceptance of advantages, entertainment and free service under paragraphs 3.5
– 3.25.
3.78
Despite that staff should act in a fair and unbiased manner,
flexibility should be allowed for exceptional circumstances, such as (a)
expeditious approval of licence and permit under special
circumstances and on justifiable grounds;
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33
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(b) expeditious cargo check under special circumstances and on
justifiable grounds;
(c)
special treatment for perishable goods; and
(d) help for the elderly passengers and passengers in need.
3.79
In granting special treatment for exceptional cases, there must be
sufficient justifications to warrant the special process and governing measures
to prevent any abuse. It is important that clear guidelines be spelt out in the
work manual of Major Formations to address the handling of these special
cases.
Proper Exercise of Powers
3.80
Staff should not associate with undesirable characters or visit places
of poor or doubtful reputation except in the course of duty and with the prior
approval of their supervisors. Such contacts or visits may tempt officers into
improper exercise of powers. They should refuse requests for information or
advice relating to specific cases from persons under investigation or arrest by
the Department or other enforcement agencies. The officer being approached
should make a note of such a request, the relationship between himself and the
person seeking the information/advice, and how the request has been handled.
The note should then be filed and forwarded to the officer’s supervisor for
information and record purposes.
3.81
In exercising their powers, staff must act fairly, in good faith and
without bias. They must give each party the opportunity to adequately state
his case.
Disclosure of Identity
3.82
Under all circumstances members of the public have the right to
know who they are dealing with. Staff must therefore make proper
identification of themselves when coming into contact with the public in the
course of duty, whether through correspondence, by telephone calls, e-mail or
meeting in person, save under the circumstances that the disclosure of identity
may jeopardize the operations of the Department, e.g. when carrying out
investigation or undercover duties.
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Channels for Complaints against Customs
3.83
In order to maintain public confidence, the following channels of
complaint are open to members of the public (a)
verbal complaints made in person will be referred to the
Divisional Commander concerned, or in his absence the most
senior officer present;
(b) complaints made by telephone or in writing will be referred
to the Group Head (Complaints Investigation Group) who is
designated as the Departmental Complaints Officer (Tel. No.
3759 2041);
(c)
complaints made in the press or other media will be referred
by the Departmental Principal/Senior Information Officer to
the Deputy Commissioner; and
(d) complaints of assault will normally be referred to the Police
for further investigation.
3.84
All complaints must be dealt with promptly and objectively.
Reference should be made to the departmental standing circular with regard to
the procedures to deal with complaints against Customs personnel. All
complaint information received should be kept confidential.
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PART 4 WORK ENVIRONMENT
4.1
The Department has a duty of care to protect its officers and
provide them with a healthy and safe workplace, which is free of
discrimination and harassment. A good working environment should be one
that is (a)
fair and equitable;
(b) safe and supportive;
(c)
free of alcohol and drugs;
(d) free of harassment and unjustified discrimination;
(e)
receptive to individual differences and cultural diversity;
(f)
geared towards the provision of honest performance feedback
and development opportunities; and
(g) proactive in seeking staff involvement in the decision making
process.
SMOKING
4.2
Staff must not smoke in all indoor areas occupied by, or under the
management and control of the Department, or when on duty in public view.
When staff are carrying out duties at private premises, they are also
discouraged from smoking and must not smoke in areas in which smoking is
prohibited by the proprietor. Reference can be made to the Smoking (Public
Health) Ordinance (Cap. 371) and the relevant departmental standing circular.
ALCOHOL
4.3
Staff must not, through the intake of intoxicating liquor, render
themselves unfit to perform their duties.
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4.4
As alcohol may be a contributory factor in workplace accidents,
officers engaged in boarding vessels or operating motor vehicles or machinery
should refrain from consuming any alcohol in the period immediately prior to
commencing duties.
DANGEROUS DRUGS
4.5
The Department is responsible for preventing and suppressing the
illegal import, export, trafficking, manufacturing, possession and use of
dangerous drugs, which is part of the Government's strategy for dealing with
the drug problem. Staff should, of course, stay away from dangerous drugs
and must not, knowingly, associate with persons involved or suspected to be
involved in the commission of any offence under the Dangerous Drugs
Ordinance (Cap. 134), except in the course of performing official duties and in
accordance with the relevant departmental guidelines/procedures.
TELECOMMUNICATION EQUIPMENT
4.6
All staff members shall observe and adhere to the following
principles when carrying and using private telecommunication equipment
while on duty (a)
the use shall not undermine or interfere with the discharge of
their official duties;
(b) the frequency of such use shall be kept to the minimum, and
be as short as possible on each occasion; to avoid bringing
disturbance to others, the equipment should be switched to
silent mode when in office;
(c)
the use shall not in any way impair the image of the
Department or bring the Government service into disrepute;
and
(d) Service members in uniform shall only be allowed to carry
private telecommunication equipment in a manner, which
does not distract from their overall appearance in uniform,
and the equipment shall be concealed when not in use and
kept in silent mode.
4.7
The Heads of Major Formations may issue supplementary internal
instructions to regulate or limit the carry and use of private telecommunication
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37
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equipment by their staff while on duty.
OFFENSIVE LETTERS
4.8
Staff should not write offensive letters whether openly or
anonymously as means to express their dissatisfaction towards their work or
co-workers. The proper channel should be sought to discuss on possible
solutions. If an officer wishes to lodge a staff complaint, he can write or
verbally report to the Departmental Staff Complaints Officer as follows Staff Members
Members of Customs and Excise Service
Departmental
Staff Complaints Officers
Members of General and Common Grades
Assistant Commissioner
(Administration and Human
Resource Development)
Members of Trade Controls Officer Grade
Head of Trade Controls
PUBLIC COMMENT
4.9
Staff have the right to make public comment and enter into public
debate on issues of the day. However, there are circumstances where making
public comment is inappropriate because of the staff’s official position. Staff
should therefore avoid making untimely or inappropriate public comment
which may include (a)
where personal statements or opinions could be implied to be
official comments;
(b) attacks on the administration of the Department which could
cause disruption to the workplace;
(c)
expressing a negative opinion about the Government policy
when acting in an official capacity;
(d) personal attacks on colleagues of the Department; and
(e)
divulging sensitive information about the Department’s
operational tactics or strategies.
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PART 5 FAIRNESS, NON-DISCRIMINATION AND
EQUAL OPPORTUNITIES
5.1
A commitment to fairness and non-discrimination and equal
opportunities is central to maintaining Customs standards of equity, ethical
conduct and accountability. The Department aims to ensure that no job
applicant or staff receives less favourable treatment on the grounds of race,
gender, age, marital status, disability or family status. The policy also covers
recruitment, induction, conduct at work, and the disciplinary and complaint
procedures. Selection criteria and procedures are in place to ensure that
individuals are treated on the basis of their relevant merits and abilities.
5.2
The Department is committed to promoting diversity and equality
amongst staff, maintaining ethical conduct and accountability, and fostering an
equal working environment in which all staff members are treated with respect
and dignity. We comply with all statutory obligations under the four
anti-discrimination ordinances, namely the Sex Discrimination Ordinance (Cap.
480), the Disability Discrimination Ordinance (Cap. 487), the Family Status
Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance
(Cap. 602). Moreover, we also strive our utmost effort to comply with the
codes of practice issued by the Equal Opportunities Commission as well as the
relevant guidelines by the Civil Service Bureau. Regular equal opportunities
training is provided to staff at all levels to enhance their awareness and roles in
promoting awareness among colleagues.
5.3
All staff members must take an active role in ensuring that the work
environment is free of discrimination and harassment of any kind. Any forms
of direct and indirect discrimination on the ground of disability, sex, marital
status, pregnancy, age, family status, sexual orientation and race in the conduct
of work are unlawful and prohibited. All staff members have a legal and
moral obligation not to discriminate, and to report incidents of discrimination
against any individual or group of individuals. Any staff members found to
be in breach of the law against discrimination may be subject to disciplinary
proceedings.
5.4
Staff members have the right to complain against any act of
discrimination. They can lodge written or verbal complaints to the
Departmental Staff Complaints Officer, as appropriate. All complaints will
be dealt with in the strictest confidence.
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5.5
All customers of the Department, regardless of race, culture,
religion or language, should receive the same or equal treatment in all Customs
activities.
SEXUAL HARASSMENT
5.6
All staff should recognize and take seriously the need to ensure that
workplace is free from sexual harassment and all staff should treat their
colleagues with respect. A person sexually harasses another person if (a)
the person
(i) makes an unwelcome sexual advance, or an unwelcome
request for sexual favours, to that person; or
(ii) engages in other unwelcome conduct of a sexual nature in
relation to that person;
in circumstances in which a reasonable person, having regard
to all the circumstances, would have anticipated that that
person would be offended, humiliated or intimidated; or
(b)
the person, alone or together with other persons, engages in
conduct of a sexual nature which creates a hostile or
intimidating environment for that person.
5.7
If a person considers that he/she is being sexually harassed, the
most straightforward way is to tell the alleged harasser that his/her acts are
unwelcome and should be stopped. When the complainant requests an
investigation into his/her allegation, the complaint should be dealt with in
accordance with the relevant departmental standing circular.
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PART 6 COMPLIANCE WITH THE LAW AND THE CODE
COMPLIANCE WITH THE LAW
6.1
All staff must comply with the law. A Service member of the
Department shall as soon as practicable notify the Duty Controller if he is
arrested by another law enforcement agency, irrespective of whether it is
within or outside Hong Kong. If the circumstances do not allow such
notification, he shall request the law enforcement agency to notify the Duty
Controller. Notwithstanding the notification of the law enforcement agency,
the subject Service member shall also notify the Duty Controller whenever the
circumstances allow.
6.2
Staff against whom criminal proceedings are being instituted are
required to report to the Department, irrespective of whether such proceedings
would have led to criminal conviction, using the form attached at Annex J.
Criminal proceedings arise when a person is served with a summons to appear
before a court of criminal jurisdiction. If as a result of such criminal
proceedings he is found guilty of an offence, he is criminally convicted of the
offence. For punishment of staff who are guilty of a criminal offence,
reference will be made to the Customs and Excise Service Ordinance (Cap.
342), the Public Service (Administration) Order, the Public Service
(Disciplinary) Regulation and the relevant CSRs, as appropriate.
6.3
With reference to various road traffic offences, the following are
some examples showing the circumstances under which staff should report to
the Department as soon as possible for consideration of appropriate action (a)
an officer charged with a traffic offence of “careless driving”
or “dangerous driving”, even if the offence is committed
outside his normal working hours and is not duty-related; or
(b) an officer charged with the offence of riding a bicycle on any
foot-path without obvious necessity; or
(c)
an officer disqualified from holding a driving licence for
having incurred 15 or more points in respect of offences
which have been committed within a period of two years.
6.4
In the event that an officer is given an opportunity to discharge his
liability to conviction for a scheduled offence under the Fixed Penalty
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(Criminal Proceedings) Ordinance (Cap. 240) by payment of the fixed penalty
for it, he is not required to report the case to the Department. However, if he
contests the issue of a fixed penalty notice and is served with a summons, he
has to report the case to the Department as criminal proceedings commence
with the serving of the summons.
6.5
As regards criminal proceedings of traffic offences, all Service
members are required to report to the Department under any circumstances.
However, according to the Civil Service Bureau Circular No. 2/2009, officers2,
other than those disciplined services staff 3 , are exempted from reporting
criminal proceedings and conviction of a minor non-duty related traffic
offence4 to the Department. A traffic offence is deemed to be non-duty
related if an officer is neither driving or using a government owned or hired
vehicle, nor driving or using any vehicle for specified duties as instructed by
the Department at the time of committing the offence. The exemption is
subject to all the following conditions being met (a)
the officer is convicted of only one traffic offence in the
court proceedings;
(b)
the conviction results in a fine of not more than HK$1,000,
with no other penalty imposed; and
(c)
the officer has no more than one criminal conviction of
traffic offence in the two years preceding the date of the
current conviction (i.e. an officer is required to report his
case if it is his third conviction of any traffic offence in the
two-year period ending on the date of the current
conviction).
6.6
Service members of the Department should observe strictly the
provisions of the Customs and Excise Service Ordinance (Cap. 342), failure of
which might result in disciplinary actions taken against them.
2
“Officers” in the Public Service (Administration) Order as applicable to the Public Service (Disciplinary)
Regulation is defined as “any person holding an office of emolument under the Government of HKSAR,
whether the office is permanent or temporary, and serving in a government bureau or department”.
3
This refers to “Service members” in the context of Customs and Excise Service.
4
A traffic offence refers to an offence committed by an officer in connection with the driving or use of a
motor vehicle, whether as a driver or passenger, on a road.
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REPORT OF DISCIPLINARY OFFENCE
6.7
Staff should report, without delay, if they have reasonable grounds
or facts to believe that there are suspected disciplinary offences involving any
other members of the Department.
REPORT
OF
CRIMINAL
OFFENCES
CORRUPTION-RELATED OFFECES
INCLUDING
6.8
Staff should report all instances of crime or alleged crime to the
appropriate law enforcement authority or the Department at the first
practicable opportunity. Staff has no discretion in deciding which cases of
crime or alleged crime to report. He should also avoid making any enquires
or taking any action that may hinder or frustrate subsequent investigation by
the law enforcement authority concerned.
6.9
Attempting to bribe a government officer is a criminal offence
under the POBO. Such attempts should be reported promptly. Failure to do
so may render the staff liable to disciplinary action or, in certain circumstances,
to prosecution.
6.10
Staff should report to his Head of Branch (i.e. AC/HTC) direct for
any corrupt practice concerning any officers of the Department, whether such
information or knowledge comes to the staff’s possession in the course of his
official duty or in his private capacity. Staff can also report any case of
corrupt practice directly to the ICAC on his own initiative, particularly when
the circumstance so dictates, e.g. in case of urgency. The ICAC Report
Centre with telephone number of 2526 6366 is manned 24 hours a day.
6.11
Staff are reminded that whenever they are offered a bribe or the
promise of a bribe to be paid some time afterwards, they should refuse the
offer and follow the steps to be taken to protect themselves as set out in Part 7
“What To Do When Being Offered A Bribe” of this Code and the relevant
departmental standing circular.
COMPLIANCE WITH THE CODE
6.12
It is the personal responsibility of staff, including non-civil service
contract staff, to understand and comply with this Code. Apart from the issue
of the Code which serves as a useful tool to help staff avoid potential conflict
of interest and to uphold the highest standard of conduct in their work, the
Departmental Integrity Programme also includes the following with a view to
embedding a culture of probity in the Department and maintaining a clean and
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efficient Customs service (a)
organizing regular awareness seminars;
(b) conducting tailor-made training courses unique to Customs
operations continuously; and
(c)
conducting regular reviews of Customs administrative
procedures and systems to deter abuses and detect
malpractices, in consultation with relevant administrative
bodies.
6.13
Supervisors should in their day-to-day supervision ensure that all
their subordinates understand the Code well and comply with its standards and
requirements. To assist supervisors in this matter, a video on the Code has
been produced for training purpose and distributed to all Formations for
viewing by their staff.
6.14
The Code is subject to review on a regular basis. Problems
encountered in enforcement as well as comments or suggestions for
improvement of the Code should be channelled to the Assistant Commissioner
(Administration and Human Resource Development) or Departmental
Secretary for consideration and action.
6.15
The Department will not tolerate any illegal or unethical acts.
Violation of the Code, where appropriate, may result in initiation of
disciplinary action as the circumstances of each case warrant. A list of illegal
or unethical acts contrary to respective ordinances, government regulations and
circulars as well as the departmental standing circulars is attached at Annex K
for easy reference. The list is by no means exhaustive. In case of doubt,
officers should seek advice from their supervisors/Formation Heads who may
seek clarification with the Assistant Commissioner (Administration and
Human Resource Development) or Departmental Secretary when necessary.
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PART 7 WHAT TO DO WHEN BEING OFFERED A BRIBE
7.1
Circumstances may arise in which you are offered a bribe. Should
this happen, you should remain calm, think carefully and take the following
steps to protect yourself.
Step 1 : Identify the offeror and the reason(s) for the bribe

You should obtain the identity of the offeror or at least memorize
sufficient details so that you can pick him out in an identification
parade should this be organized subsequently.

To know the reason(s) for the offer of the bribe will provide
useful evidence in prosecution.
Step 2 : Refuse the bribe

There is no need to accept the advantage as evidence before
making a report to the ICAC. Therefore, refuse the bribe.

Try to avoid any long conversation or debate on the subject.
remain calm, be brief and sensible.

In case the bribe is forced upon you to a degree that you cannot
refuse e.g. offeror leaving the bribe with you and departing
suddenly, you may have to retain it. However you should handle
the money or gift (or its container) as little as possible.
Just
Step 3 : Obtain witnesses if possible

Witnesses such as colleagues working nearby should be
approached. Tell them in the presence of the offeror that a bribe
is being offered.
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Step 4 : Prepare written record

Record any attempt to bribe immediately, in an official notebook
if available, because courts attach much importance to the original
notes when examining evidence.

This can also protect yourself against any later allegation that you
intended to keep the advantage or it was you who solicited it in
the first place.
Step 5 : Report through your Branch Head or to the ICAC direct

Report should be made as soon as possible to avoid
counter-allegations.

Continue to work in the usual manner, particularly for the work
relating to the attempted bribe.

Details on procedures to be followed when allegations of
corruption are received can be found in the relevant CSB circular.
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PART 8 SUPERVISORY ACCOUNTABILITY
8.1
Staff who have a responsibility to supervise and direct subordinates
should embrace a two-fold responsibility, namely –

the satisfactory discharge of his own duties; and

his duties as a supervisor.
8.2
A supervisor will be asked to account for acts or omissions by
subordinates, if these acts are serious, repeated or widespread that
reasonable diligence the supervisor should have known of them had
exercised the level of leadership, management and supervision required of
position.
8.3
his
by
he
his
A supervisor should –

provide adequate guidance, advice, counseling and training for his
subordinates;

monitor the conduct and performance of his subordinates to
ensure that they meet the standards required;

be alert to signs of malpractice in the work place (e.g.
unauthorized absence from work); and

take prompt and decisive action to handle misconduct and poor
performance.
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PART 9 SOURCE FOR ADVICE AND INFORMATION
9.1
The Code is a guide and should not be solely relied upon,
especially when complex issues arise. When in doubt, staff should contact
their supervisors or Formation Heads first for advice. If further clarification
is needed, the Heads of Formations can approach the Assistant Commissioner
(Administration and Human Resource Development) or Departmental
Secretary for advice. Their telephone numbers are as follows –
Assistant Commissioner
(Administration and Human
Resource Development)
3759 2003
Departmental Secretary
3759 3888
9.2
Further information on Integrity Management can be found in
Resource Centre on Civil Service Integrity Management which can be reached
through
Central
Cyber
Government
Office
at
the
address
http://rcim.host.ccgo.hksarg/eindex.html.
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PART 10
48
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LIST OF USEFUL REFERENCES
Integrity Steering Committee
10.1
Departmental Standing Circular No. 1/2007 informs staff members of
the restructuring of the Integrity Steering Committee (ISC) and the
amended Integrity Action Plan.
Acceptance of Advantages
10.2
CSB Circular No. 3/2007 reminds all officers of the provisions in the
Prevention of Bribery Ordinance (Cap. 201) against the acceptance of
advantages without permission. It gives a digest of the provisions in
the Acceptance of Advantages (Chief Executive’s Permission) Notice,
insofar as those provisions are applicable to the acceptance of
advantages offered to an officer in his private capacity.
10.3
CSB Circular No. 4/2007 gives guidance to officers and departments
on how to handle advantages/entertainment offered to an officer in his
official capacity gifts and donations to a department for the benefit of
staff.
10.4
Departmental Standing Circular No. 9/2008 draws attention of all staff
members including staff on non-civil service terms, to the CSB
Circular No. 3/2007 on acceptance of advantages offered to an officer
in his private capacity.
10.5
Departmental Standing Circular No. 10/2008 draws attention of all
staff members including staff on non-civil service terms, to the CSB
Circular No. 4/2007 on advantages/entertainment offered to an officer
in his official capacity and gifts and donations to a department for the
benefit of staff.
Conflict of Interest
10.6
CSB Circular No. 2/2004 sets out the requirements to avoid conflict of
interest, and the course of action to be taken by an officer when he
faces a real or apparent conflict of interest situation. It also sets out
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49
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the role of supervisors in managing conflict of interest.
10.7
Departmental Standing Circular No. 10/2004 sets out the requirements
to avoid conflict of interest, and the course of action to be taken by an
officer when he faces a real or apparent conflict of interest situation.
It also sets out the role of supervisors in managing conflict of interest.
Investment
10.8
CSB Circular No. 8/2006 announces the guidelines for civil servants to
declare private investments in and outside Hong Kong.
10.9
Departmental Standing Circular No. 7/2007 sets out the guidelines and
instructions on declaration of investments and to remind staff of the
need to report any investments which may give rise to any conflict of
interest between their investments and official duties.
Outside Work
10.10 CSB Circular No. 9/2015 sets out the rules governing outside
employment during pre-retirement leave and post-retirement. The
rules are designed to make sure that officers leaving the service do not
enter into any employment which may compromise them or the
Government, whether through a conflict of interest or by taking up a
job which could reflect badly on or otherwise embarrass the
Government. It should be read in conjunction with Departmental
Standing Circular No. 6/2015, CSR 398 and 559(4).
Indebtedness
10.11 CSB Circular No. 4/2002 reminds civil servants of the importance of
prudent management of personal finance. It sets out, for departmental
management, the revised guidelines on actions that should be taken in
dealing with cases of staff indebtedness and serious pecuniary
embarrassment in the civil service.
10.12 Departmental Standing Circular No. 22/2002 reminds staff of the
importance of prudent management of personal finance and the actions
required of both individual officers and management to discharge their
respective responsibilities with regard to indebtedness in the civil
service.
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Respect for Intellectual Property Rights
10.13 Departmental Standing Circular No. 29/2000 draws the attention of all
staff to the serious consequence of knowingly using pirated computer
software in connection with official business.
10.14 Departmental Standing Circular No. 5/2007 reminds all staff NOT to
use any unlicensed computer software, and to announce the conduct of
inspection visits by authorized officers of the Office of Information
Technology (OIT) on compliance of the prohibition rule.
Housing Benefits
10.15 Departmental Standing Circular No. 26/99 serves to remind officers in
receipt of civil service housing benefits of their responsibility to
observe all regulations governing the provision of housing benefits and
outlines the rules common to the various housing schemes.
Making Complaints
10.16 Departmental Standing Circular No. 12/2007 outlines the procedures
for the handling of complaints from staff.
10.17 Departmental Standing Circular No. 2/2011 outlines the procedures on
handling of public complaints.
10.18 CSB Circular No. 11/2004 promulgates a set of guidelines for handling
sexual harassment complaints in the civil service.
10.19 Departmental Standing Circular No. 8/2007 sets out the revised
departmental guidelines for handling sexual harassment complaints.
Smoking
10.20 Departmental Standing Circular No. 15/2006 aims to summarize the
implementation arrangements and guidelines in relation to the Smoking
(Public Health) (Amendment) Ordinance 2006.
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Telecommunication Equipment
10.21 Departmental Standing Circular No. 20/2000 draws the attention of all
staff to the prohibition of the use of mobile telephones and other
telecommunications equipment while driving.
10.22 Departmental Standing Circular No. 3/2009 sets out the principles and
guidelines governing the carry and use of private telecommunication
equipment by staff members of the Department while on duty.
Report of Criminal Proceedings
10.23 Departmental Standing Circular No. 33/99 reminds staff of the
requirement to report any criminal proceedings being instituted against
them and gives guidelines on situations where criminal proceedings
will be instituted with reference to road traffic offences.
Report of Crime, Corrupt Practice and Bribery
10.24 CSB Circular No. 7/2012 reminds staff of their obligation to report to
the appropriate law enforcement authority all instances of crime or
alleged crime (including corruption-related offences) which they come
across in their official or personal capacities.
10.25 Departmental Standing Circular No. 24/99 reminds staff of the need for
prompt reporting of corrupt practices and bribery.
Relevant Links and Publications
10.26 Civil Service Code –
http://www.csb.gov.hk/english/admin/conduct/files/CSCode_e.pdf
10.27 Civil Servants’ Guide to Good Practices contains the core values and
good practices that all civil servants are expected to share and uphold –
http://www.csb.gov.hk/english/publication/files/civil_e_rev_02062011.pdf
10.28 Resource Centre on Civil Service Integrity Management –
http://rcim.host.ccgo.hksarg/eindex.html
10.29 Sources of Finance for Civil Servants –
http://www.csb.gov.hk/english/publication/files/efin.pdf
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10.30 Misconduct in Public Office –
http://hksargegu.org.hk/S%20Topic/CS%20BOOKLET/MIPO_Booklet
_Eng_2012.pdf
Annex A
Major Points to Note in Sections 3, 4 and 10
of the Prevention of Bribery Ordinance (Cap. 201)
Section 3
The Gist
 Government officer
Section 4
Section 10
 Government officer
 Without the general or 
special permission of the
Chief Executive

 Solicits or accepts any
advantage


 Former
or
serving
government
officer
Without lawful authority
or reasonable excuse
 Maintains a standard of
living or possesses or
In Hong Kong or
controls assets which are
elsewhere
not commensurate with
Solicits or accepts any
his official emoluments
advantage
 Without any satisfactory
Using
his
official
explanation to the court
position or otherwise on
account
of
his
performing or abstaining
from performing any act
in his capacity as a
public servant
The Spirit  To prevent a government  To prevent a government  To bring to book a
officer from falling into
the
“Sweetening
Process”
officer from abusing his
authority for personal
gain
safeguard
 To uphold an extremely  To
interests
of
high standard of integrity
for the civil service.
government and
This high standard is
community at large
needed
because
a
government officer has
powers and influence
which are not available
to ordinary citizens
government officer who
receives bribes over a
period of time
the
the
the
The Penalty  A maximum fine of  A maximum fine of  A maximum fine of
HK$100,000
and
imprisonment for 1 year
HK$500,000
and
imprisonment for 7 years
HK$1,000,000
and
imprisonment for 10
years
 To pay any part of the  To pay any part of the
advantage received by
proceeds of corruption  To pay a sum not
the convicted as specified
received by the convicted
exceeding the amount of
by the court
as specified by the court
the pecuniary resources
the convicted possesses,
the acquisition of which
cannot be explained to
the satisfaction of the
court
Annex B
Circumstances for Accepting Restricted Advantages under General Permission
Gifts/Discounts/Passages
Relevant
paragraphs
in the AAN
3
5
Status of
Offeror
Relation *
Restriction/
Limit of
Monetary
Value
may solicit or  may accept, but
accept any gift/
not solicit, a
discount/
gift/passage of a
passage
value up to
of any value
HK$3,000 on
special occasion
(e.g. wedding,
birthday,
retirement, etc)
Close Personal
Friends
 HK$500 on
other occasions
Other
Conditions
 no other
condition
6
Other Persons
Tradesmen/Commercial
Establishments/Associations
 may accept,
but not solicit,
a gift/passage
of a value up
to HK$1,500
on special
occasion
may solicit or accept any
gift/discount/passage of any
value
 HK$250 on
other
occasions
 donor not being a subordinate of the
officer
 donor having no official dealings
with the department in which the
officer works
 the occasion on which the gift or
passage is presented not being one
which the officer attends in his
official capacity or by virtue of the
official position he holds at the time
* ‘Relation’ means:
‧spouse (including a concubine);
‧any person with whom the prescribed officer
is living in a regular union as if man and wife;
‧fiancé, fiancée;
‧parent, step-parent, lawful guardian;
‧spouse’s parent, spouse’s step-parent,
spouse’s lawful guardian;
‧grandparent, great-grandparent;
‧child, ward of court;
‧spouse’s child, spouse’s ward of court;
‧grandchild;
4
 advantage offered to the
officer in his private
capacity
 donor has no official
dealings with the officer
 in the course of normal
business of the donor
 the advantage is equally
available on equal terms to
other persons
‧child’s spouse;
‧brother, sister;
‧spouse’s brother, spouse’s sister;
‧half-brother, half-sister;
‧step-brother, step-sister;
‧brother’s spouse, sister’s spouse;
‧brother’s child, sister’s child;
‧parent’s brother, parent’s sister;
‧parent’s brother’s spouse, parent’s sister’s spouse;
‧parent’s brother’s child, parent’s sister’s child
Annex C
Circumstances for Accepting Restricted Advantages under General Permission
Loans of Money
Relevant
paragraphs
in the AAN
3
5
6
4
Status of
Offeror
or Lender
Relation *
Close Personal Friends Other Persons
Tradesmen/Commercial
Establishments/Associations
Restriction/
Limit of
Monetary
Value
no limit
maximum HK$3,000
per person per
occasion
no limit
Other
Conditions
 no other  repaid within 30 days
condition  lender not being a subordinate of the
officer
maximum
HK$1,500 per
person per occasion
 loan offered to the officer
in his private capacity
 lender has no official
dealings with the officer
 lender having no official dealings with
the department in which the officer works  loan conditions offered
similar to other persons
 in the course of normal
business of the lender
* ‘Relation’ means:
‧spouse (including a concubine);
‧any person with whom the prescribed officer
is living in a regular union as if man and wife;
‧fiancé, fiancée;
‧parent, step-parent, lawful guardian;
‧spouse’s parent, spouse’s step-parent,
spouse’s lawful guardian;
‧grandparent, great-grandparent;
‧child, ward of court;
‧spouse’s child, spouse’s ward of court;
‧grandchild;
‧child’s spouse;
‧brother, sister;
‧spouse’s brother, spouse’s sister;
‧half-brother, half-sister;
‧step-brother, step-sister;
‧brother’s spouse, sister’s spouse;
‧brother’s child, sister’s child;
‧parent’s brother, parent’s sister;
‧parent’s brother’s spouse, parent’s sister’s spouse;
‧parent’s brother’s child, parent’s sister’s child
Annex D
Application for Special Permission to Accept “Restricted” Advantages
Offered to an Officer in his Private Capacity
Note : (1) The information provided will be used for the processing of application for acceptance of “restricted”
advantage(s) and other related purposes. It may be disclosed to government bureaux/departments and
other organizations for the purposes mentioned.
(2) The provision of personal data in this form is voluntary. However, we may not be able to process the
application if sufficient information is not provided.
(3) Applicant has the right to request access to or correction of personal data provided on this form in
accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests
should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the
Departmental Secretary for processing.
(4) Having read and understood Departmental Standing Circular No. 9/2008, the applicant should complete
Part I and submit his/her application, via the recommending officer who should be his Branch Head/Head
of Major Formation, as appropriate, to the appropriate officers as follows –
Applicant
Vetting Officer
Approving Officer
(a) For officers at the rank of Assistant Superintendent/
DS
C
Chief Trade Controls Officer and above (or equivalent)
(b) For officers at the rank of Senior Inspector/Senior
EO(P)3
DS
Trade Controls Officer and below (or equivalent)
(5) For acceptance of advantage from subordinate, irrespective of its nature and value as well as the occasion
on which the advantage was offered, special permission should be sought by using this application form.
(6) * Please delete if not applicable.
(7)
Please tick the appropriate box(es).
_________________________________________________________________________________________
Part I
(To be completed by the Applicant)
To : Recommending Officer
In accordance with Departmental Standing Circular No. 9/2008, I wish to apply for special permission to
accept the following “restricted” advantage(s) which is/are given in my private capacity –
Types of Advantage(s)
Description
* Gift/
Discounts/
Passages/
Loans of Money
Estimated
Cost (HK$)
Name of Offeror
Date/ Occasion
Relationship between the offeror and me Close personal friend – The offeror is/is not* my subordinate.
Other person – The offeror is/is not* my subordinate.
Tradesman/company (Name: ____________________________________________ )
(To my best knowledge, the advantage is/is not* available on equal terms to persons who are not government
officer.)
Others (please specify ________________________________________________________)
The offeror has/has no* official dealings with me/the Department. (please specify the official dealings, if any
_____________________________________________________________________).
Name
:
Signature :
Rank/Post
:
Date
Formation/ Division :
ODA 102(e)
:
Part II
(To be completed by the Recommending Officer)
To : *DS / EO(P)3
I confirm that the applicant *has / has no official dealings with the offeror and the offeror *is /
is not the subordinate of the applicant. I *recommend / do not recommend that approval be given for
accepting the “restricted” advantage(s) mentioned in Part I.
(
)
Recommending Officer / Designation
Date
/
/
Part III
(To be completed by the Vetting Officer)
To : *C / DS
I *support / do not support the application which *is / is not in line with the contents of the
Departmental Standing Circular No. 9/2008.
(
Date
*DS / EO(P)3
/
/
)
Part IV (To be completed by the Approving Officer)
To : *DS / EO(P)3
This application *is / is not approved.
Please notify the applicant of my decision.
(
Date
Part V
*C / DS
/
/
)
(To be completed by the Vetting Officer)
To : SCO(PS)
Please take follow-up action.
(
Date
*DS / EO(P)3
/
/
)
Annex E
Application for Approval to Dispose of Gift(s)
Presented to an Officer in his Official Capacity
Note: (1)
(2)
(3)
(4)
(5)
(6)
Part I
To
The information provided will be used for processing the disposal of gifts accepted in official capacity
and other related purposes. It may be disclosed to government bureaux/departments and other
organizations for the purposes mentioned.
Recipient should complete Part I. The provision of personal data in this form is voluntary. However,
we may not be able to process the disposal of gifts if sufficient information is not provided.
You have the right to request access to or correction of personal data provided on this form in
accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests
should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the
Departmental Secretary for processing.
Recipient should submit this form, via the recommending officer who should be his/her Branch Head/
Head of Major Formation, as appropriate, to the appropriate officers as follows –
Recipient
Vetting Officer
Approving Officer
(a) For officers at the rank of Assistant
DS
C
Superintendent/Chief Trade Controls Officer
and above (or equivalent)
(b) For officers at the rank of Senior Inspector/
EO(P)3
DS
Senior Trade Controls Officer and below (or
equivalent)
Both the recipient and the recommending officer should comply with the content of Departmental
Standing Circular No. 10/2008 when filling in the form. Please be reminded that all gifts presented
to an officer in his official capacity are regarded as gifts to the Department and will only be
allowed for personal retention under very restricted circumstances.
* Please delete if not applicable.
(To be completed by the Recipient)
: Recommending Officer
In accordance with Departmental Standing Circular No. 10/2008 (see note (5) above), I would like to
report that I have received the following gift(s) which was/were presented to me in my official capacity Item
Estimated
Name of
No.
Description
Cost (HK$)
Offeror
Date/ Occasion
I would like to propose that the above gift(s) be disposed as below (a) item no.
to be shared among my office or section as the gift(s) is/are of perishable nature;
(b) item no.
to be sent to a *charitable organization/school/library/museum as the gift(s) is/are useful
item(s);
(c) item no.
to be donated to *the Department’s/my office’s social function as lucky draw prize;
(d) item no.
to be put on display in the office and be recorded in the office’s inventory;
(e) item no.
to be given back for my personal retention as the gift(s) is/are
personally inscribed item(s) with the value above $400 to $1,000;
received by me as the Guest of Honour/officiating guest, with the value above $400 to $1,000; or
with the value above $50 or 0.1% of my substantive salary, whichever is the higher, to $400.
(f) others, please specify________________________________________________________________________.
Name
:
Signature :
Rank/Post
:
Date
Formation/ Division :
ODA 108(e)
:
Part II
To
(To be completed by the Recommending Officer)
: *DS / EO(P)3
I *recommend / do not recommend that approval be given for *all of the gifts / gift(s) of item
no. ____________ to be disposed as proposed.
(
)
Recommending Officer / Designation
Date
/
/
Part III (To be completed by the Vetting Officer)
To
: *C / DS
I *support / do not support the application which *is / is not in line with the contents of the
Departmental Standing Circular No. 10/2008.
(
Date
*DS / EO(P)3
/
/
)
Part IV (To be completed by the Approving Officer)
To
: *DS / EO(P)3
The application *is / is not approved. Please notify the recipient of my decision.
(
Date
Part V
To
*C / DS
/
/
)
(To be completed by the Vetting Officer)
: SCO(PS)
Please take follow-up action.
(
Date
*DS / EO(P)3
/
/
)
Annex F
Notification of Acceptance of Entertainment
Note : (1) The information provided in this form will be used for administration of acceptance of
entertainment and other related purposes.
(2) The reporting officer should complete Part I and submit this form to the appropriate officers as
indicated below Reporting
Responsible
Completed form
to be kept by
Officers
Officers
(a) For Heads of Major Formations and officers
Respective
DS
at Superintendent level
Branch Heads
(b) For other officers below Formation Head and
Respective
”
Superintendent level or equivalent
Formation Heads
(3) The reporting officer has the right to request access to or correction of personal data provided on
this form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486).
Such requests should be made by letter or on the Data Access Request Form (Form OPS003) and
sent to the Departmental Secretary for processing.
______________________________________________________________________________________________
Part I
To
(This part should be completed by the reporting officer)
: ______________________
via ___________________
(*Branch Head/Formation Head)
(immediate supervisor)
In accordance with the Department’s Code on Conduct and Discipline, I report below that I
*will/have accept(ed)/attend(ed) the following entertainment Name of staff
Date/
Description of
Venue
Host
Purpose
of the Department
Time
Entertainment
accompanying
Name
:
Signature :
Rank/Post
:
Date
:
Formation/ Division :
Part II
(This Part should be completed by the Branch Head/Formation Head)
To
DS
:
The above notification as received is passed to you for record.
Name
:
Signature
:
Rank/Post
:
Date
:
*Please delete if not applicable.
ODA 103(e)
Annex G
Notification of Existing/Potential Conflict of Interest
between Officer’s Official Duties and Private Interests
Notes : (1) The information provided will be used for the administration of reported cases of conflict of
interest situation and other related purposes. It may be disclosed to government
bureaux/departments and other organizations for the purposes mentioned.
(2) The reporting officer should complete Part I and send this form via the recommending officer
to the responsible officer as indicated below Reporting
Recommending
Responsible
Officers
Officers
Officers
(a) For DC
C
(b) For directorate officers other than DC
(c) For Heads of Major Formations
DC
C
Respective
DC
Branch Heads
(d) For other officers below Formation
Respective
Respective
Head level
Formation Heads
Branch Heads
(3) You have the right to request access to or correction of personal data provided on this form in
accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such
requests should be made by letter or on the Data Access Request Form (Form OPS003) and
sent to the Departmental Secretary for processing.
(4) * Please delete if not applicable.
Part I
(This part should be completed by the reporting officer)
To : *DC / ________________ (Branch Head) / _________________ (Formation Head)
via _________________ (Recommending Officer)
I would like to report the following *existing / potential conflict of interest situation arising during
the discharge of my official duties (a) Persons/companies with whom/which I have official dealings and/or private interests :
(b) Brief description of my duties which involved the persons/companies mentioned in item (a)
above :
Signature
:
Rank/Post
Name
:
Formation/Division :
Date
:
ODA 104(e)
:
Part II
(This part should be completed by the recommending officer)
To : *DC / __________________ (Branch Head) / _________________ (Formation Head)
The conflict of interest situation mentioned in Part I is noted and the following measure is
recommended Relieve the officer concerned from performing or getting involved in performing the work which
may give rise to a conflict.
Transfer the officer concerned to another post.
Others (please specify)
Signature
:
Name
:
Rank/Post
:
Formation/Division
:
Date
:
________________________________________________________________________________________
Part III (This part should be completed by Branch Head/ Formation Head)
To :
Recommending Officer
The recommendation made in Part II is approved. Please take follow-up action.
Signature
:
Name
:
Rank/Post
:
Date
:
Annex H
Application for Permission to Take Up Outside Work
Note : (1)
The information provided will be used for the processing of application for permission to take up
outside work and other related purposes. It may be disclosed to government bureaux/departments
and other organizations for the purposes mentioned.
Applicant should read and understand CSRs 550-564 which set out the guidelines on outside work
before completing Part I. The provision of personal data in this form is voluntary. However, we
may not be able to process the application if sufficient information is not provided.
Applicant has the right to request access to or correction of personal data provided on this form in
accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests
should be made by letter or on the Data Access Request Form (Form OPS003) and sent to the
Departmental Secretary for processing.
Applicant should submit his/her application, via respective Formation Head, to the appropriate officers
as follows -
(2)
(3)
(4)
Staff Members
Customs and Excise Service Members
Members of Trade Controls Officer Grade
HTC
Members of General and Common Grades
DS
Concerning applications for paid outside work with the Auxiliary Forces from Service Members/TCO
Grade officers at the rank of Senior Inspector/Senior Trade Controls Officer and below, the approving
authority rests with SS(SA) and PTD respectively.
* Please delete if not applicable.
(5)
Part I
Approving Officer
AC(AD)
(This part should be completed by the applicant)
To : * AC(AD)/HTC/DS/SS(SA)/PTD
via ______________________ (Formation Head)
In accordance with CSRs 551-554, I would like to apply for permission to take up outside work as
follows * and use of government equipment for outside work Name and
address of
Employer
Post Title/
Nature
of work
Duration
of work
Working
Hour
Amount of
Remuneration
From : ________
(Date)
To
: ________
(Date)
Total : ________
*months/days
Signature
:
Rank/Post
Name
:
Formation/Division :
Date
:
ODA 105(e)
:
Use of Government
Equipment for
Outside work
Part II
(This part should be completed by the respective Formation Head)
To
* AC(AD)/HTC/DS/SS(SA)/PTD
:
I * support / do not support this application.
*I confirm that the outside work is not affecting the officer’s normal duties (for extension of
part-time employment).
Signature
:
Name
:
Rank/Post
:
Date
:
Part III (This part should be completed by the approving officer)
To
:
(Applicant)
via
(Formation Head)
S(SA) – for record purpose
Approval * is / is not given under CSR 551 for you to take up your part-time employment
with
as a
and to
(Name of Employer)
(Post Title)
receive the remuneration of ______________ per *month / day / hour. It should be noted that this
approval covers a period of _________ months from _______________ to ________________ and will
cease automatically on _____________ . Should you still wish to continue the employment after the
expiry of this approval, you are required to submit a fresh application through your supervisor for his / her
recommendation two weeks before the expiry of this approval. Otherwise, the approval for undertaking
outside work will lapse at the end of the __________ -month period.
This approval is given on the understanding that the outside work involved will not interfere with
the discharge of your normal duties and it may be withdrawn at any time should it appear that it is in the
public interest to do so.
You are also required to notify me of any changes in the details of your outside work.
(
)
* AC(AD) / HTC / DS / SS(SA) / PTD
Date
/
/
Annex I
Report on Insolvency and Bankruptcy
Note : (1) The information provided by you in this form will be used for administration of this case and
other related purposes. It may be disclosed to Secretary for the Civil Service, Bureau
Secretaries, Heads of Departments/Grade and/or their designated officers for the purposes
mentioned.
(2) You have the right to request access to or correction of the personal data provided on this
report form in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap.
486). Such requests should be made by letter or on the Data Access Request Form (Form
OPS003) and sent to the Departmental Secretary for processing.
To :
AC(AD)/S(SR)/HTC*
via : ________________ (Immediate Supervisor) and _________________ (Formation Head)
Part I
Please give a complete statement of facts (including reasons for insolvency, whether bankruptcy
proceedings are being taken, etc.)
Name :
* Please delete if not applicable
ODA 106(e)
Signature :
Part II
Personal financial position (as at
Sources of Loan
(in Chinese and English)
Amount of
Outstanding loan
)
Repayment Schedule
(e.g. repay $3000
monthly until Aug 2016)
Date on which the
loan is to be cleared
(DD/MM/YY)
Please tick if additional page is required.
I declare that all information given in this report (and supplementary sheet(s)) is true and
complete. I understand that I will be liable to disciplinary action if I wilfully furnish false or incomplete
information in this report.
Name
:
Signature
:
Rank/No./ Post Title :
Contact Tel. No. :
Command/Division :
Date
:
Personal financial position (as at
Sources of Loan
(in Chinese and English)
Name
:
Amount of
Outstanding loan
)
(supplementary sheet)
Repayment Schedule
(e.g. repay $3000
monthly until Aug 2016)
Signature :
Date on which the
loan is to be cleared
(DD/MM/YY)
Annex J
Report of Criminal Proceedings
Note : (1) Under section 13(1) of the Public Service (Disciplinary) Regulation, an officer against whom
criminal proceedings are being instituted is required to report the fact to his/her Head of
Department. The information provided in this form may be disclosed to government
bureaux/departments and other organizations for that purpose and other related purposes.
(2) You have the right to request access to or correction of personal data provided on this form in
accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such
requests should be made by letter or on the Data Access Request Form (Form OPS003) and sent
to the Departmental Secretary for processing.
(3)* Please delete if not applicable.
To
:
*S(SA)/PTD/DS
via : _________________ (Head of Major Formation)
I would like to report the criminal proceedings brought against me with details as follows Date and time of offence
:
Brief description of the case
:
Date on which criminal
proceedings were instituted
:
Charge
:
Condition of bail (if applicable)
:
Date of hearing
:
Signature
:
Rank and Post
:
Name
:
Formation/Division
:
Date
:
ODA 107(e)
Annex K
List of Illegal or Unethical Acts under the Code on Conduct and Discipline
Item
Illegal or Unethical Acts
Para. Page
Contrary to *
1.
Accepts or solicits, without approval, “restricted” advantages in 3.11the conditions and circumstances other than those specified in 3.12
paragraph 3 to 7 of Acceptance of Advantages (Chief Executive’s
Permission) Notice 2010.
9
s. 3 of POBO
2.
Accepts or solicits advantages which are permitted under the
Acceptance of Advantages (Chief Executive’s Permission) Notice
2010 which has led, or could have led, to a conflict between his
private interests and his official duties.
3.15
10
para. 27 of
CSBC 3/2007
3.
Accepts invitations to meals or entertainment that are excessive in
nature or frequency, or inappropriate or accepts frequent
invitations to social functions from any person with whom he has
official dealings especially when that person comes under his
enforcement responsibilities.
3.19
12
CSR 432, 434
para. 16 of
CSBC 2/2004
4.
Accepts “laisee” while representing the Department in attending
the entertainment.
3.21
13
s. 4 of POBO
5.
Fails to report to the designated officer the details of souvenirs or
gifts presented to him in his official capacity.
3.21
13
para. 6 of
CSBC 4/2007
6.
Fails to report to the designated officer his attendance or
acceptance of entertainment (except non-alcoholic drinks) offered
by traders or operators with whom he has direct official dealings.
3.22 13-14 CSR 432
7.
Uses his position within the Department for personal gain or for
the benefit of other person.
3.31 16-17 para. 9 of
CSBC 2/2004
8.
Appropriates any property of the Department for his personal use
or resale.
3.35
9.
Uses any information made available to him in the course of duty
in return for monetary awards or personal interest, or disclosure of
information to sabotage the public and the Department’s interest.
3.36 18-19 s. 4 of POBO
(monetary
award)
s. 6 of Official
Secrets Ord.
10.
Fails to avoid, report or declare a conflict between his official 3.41- 21-23 para. 5-6 of
duties and his private interest.
3.47
CSBC 2/2004
11.
Takes up paid outside work during or outside working hours or
unpaid outside work during working hours without prior approval
of the designated officer.
3.53
12.
By his indebtedness impairs his efficiency at work or brings the
public service into disrepute.
3.60 27-28 CSR 455
para. 8 of
DSC 22/2002
18
25
s. 2 and 9 of
Theft Ord.
CSR 551-552
para. 18 of
CSBC 2/2004
Item
Illegal or Unethical Acts
13.
Fails to report to the designated officer in respect of his insolvency
or bankruptcy.
3.61
28
CSR 457-458
para. 7 of
CSBC 4/2002
para. 9 of
DSC 22/2002
14.
Borrows money at interest from sources other than those listed in
CSR 482(2) without the prior approval of a Commissioner Grade
officer.
3.64
29
CSR 482
15.
Permits any officer who is junior in rank to him to act as his
guarantor for a loan or hire purchase agreement without the prior
approval of a Commissioner Grade officer.
3.64
29
CSR 483
16.
Acts as the guarantor of any officer who is senior in rank to him
for a loan or hire purchase agreement without the prior approval of
a Commissioner Grade officer.
3.64
29
CSR 483
para. 9 of
CSBC 4/2002
para. 6 of
DSC 22/2002
17.
Grants or guarantees a loan to any individual or organization
having business dealings with the Department.
3.65
29
para. 14 of
CSBC 2/2004
18.
Uses unauthorized computer software.
3.70
30
para. 3-4 of
DSC 5/2007
19.
Violates the terms and conditions of various housing benefit scheme 3.71- 30-31
3.72
DSC 26/99
20.
Smokes in areas where smoking is prohibited.
4.2
s. 3(2) of Cap.
371
21.
Fails to comply with the statutory obligations under the
anti-discrimination ordinances.
5.1- 38-39
5.6
Cap. 480, 487,
527 & 602
CSBC 11/2004
DSC 8/2007
22.
Fails to report to the designated officer any criminal proceedings
being instituted against him.
6.2
40
s.13(1) of
PS(D) Reg.
para. 2 of DSC
33/99
23.
Fails to report, at the first practicable opportunity, all instances of
crime or alleged crime; or corrupt practices involving other
member(s) of the Department.
6.86.10
42
CSBC 7/2012
para. 3 of DSC
24/99
24.
Fails to report to his Head of Branch any bribe offered or any
promise of a bribe to be paid some time afterwards to him.
6.11
42
para. 4 of DSC
24/99
* The scenarios cited are provided for illustrative purpose and as a general reference only.
conjunction with relevant law and regulations.
Para. Page
35
Contrary to *
The information should be read in