Page 28 - CIC Issue21.indb
P. 28
Feature
⫆朊
Integrity Building Series
Integrity Requirements – egrity Requirements –
Int ༐ڦܔணӻΐ
༐ڦٙᅺ { ϗաлूձಛܙ { ϗաлूձಛܙ
Acceptance of Advantages and EntertainmentAdvantages and Entertainment ༐ڦٙᅺ
Introduction Acceptance of Entertainment ⃧䖈⍊㧼⹃
Under the Prevention of Bribery Although entertainment is an 㠠 㓁ˣ㢄 ὲˤƏ˥∐ 䚱˦㋮ỢἼ椲峯˚岟
Ordinance (POBO), bribery is acceptable form of business and 㬥˚岢䔏˚⠘慓˚Ὂ憸˚㛴⋀ㇽℑ⽬(㬥⽬
prohibited in both the public social behaviour, the company should 晋⣽)˛˥㬥⽬˦∮㋮ᾂㆰ✏䕝⠛Ẓ䔏䙫棆
and private sectors, including remind its staff to avoid accepting 䉐ㇽ棙⒨ƏỌ⎱ỢἼ凮㭋柬ᾂㆰ㛰旃ㇽ⏳
consultant firms and construction lavish or frequent entertainment 㘩㎷ᾂ䙫⅝ẽ㬥⽬˛
companies (company). Committing from persons with whom the
a bribery offence not only renders company has business dealing (e.g. 擰㨠宂宀
the employee concerned liable suppliers or contractors) or from ⅓⏟ㆰ䥨㭉ỢἼ⽉䙫岑㱈岫岩堳䂡˛⅓
to punishment upon conviction, their subordinates to avoid placing ⏟ㆰ㎷慹Ⓢⷌ✏⟞堳⅓⏟Ṳ⋀㘩Ə⾬柯恜
it also tarnishes the reputation of themselves in a position of obligation. ⭯ˣ㢄ὲˤ⎱ᷴ⏖Ɲ
the company and the construction
industry. This article aims to Measures to
introduce the key bribery offences Enhance Integrity (䔙) 䴉⎽ㇽ㎌⎾ẽạ䙫∐䚱Əὃ䂡ὃ⇡Ợ
and suggest measures to enhance Ἴ凮⅓⏟Ṳ⋀㛰旃䙫堳䂡ㇽ⯴ẽạ
the integrity standard of the As a first step to enhance and ✏⅓⏟Ṳ⋀ᷱṯỌℑ⽬䙫⠘慓ㇽ婿
construction industry. promote the integrity of its staff and ⛇ƞㇽ㎷ᾂỢἼ∐䚱ṯ⅝ẽạ䙫Ị䏭
contracting parties such as sub- ạỌὃ䂡⅝ὃ⇡凮⅝ḢṲạ㥔⋀㛰旃
Advantages and consultants, sub-contractors and 䙫堳䂡ㇽ✏⅝ḢṲạ㥔⋀ᷱ䵍ṯẽạ
suppliers, the company should:
ℑ⽬䙫⠘慓ㇽ婿⛇ƞ
Entertainment
Under POBO ’ s definition, (a) issue a Code of Conduct to (Ṁ) ⏸⅓偞ạⓈ(⋬㋓㔦⺃⎱⅓⅘㩆㦲䙫
“advantages” include gift, loan, fee, set out, among other integrity 偞Ⓢ)㎷ᾂỢἼ∐䚱Əὃ䂡婙ạⓈὃ
reward, commission, service and requirements, its policy on ⇡ỢἼ凮⅝⅓偞㛰旃䙫堳䂡ㇽ✏⅝㔦
favour etc., except “entertainment”, the prevention of bribery and ⺃惏敧ㇽ⅓⅘㩆㦲Ṳ⋀ᷱ㎷ᾂℑ⽬ㇽ
which is defined as the provision of acceptance of advantages/ ⌻⊐䙫⠘慓ㇽ婿⛇ƞㇽ
food or drink for consumption on the entertainment for compliance
occasion, and any entertainment by its directors and staff. Other (Ḁ) ✏凮ỢἼ㔦⺃惏敧ㇽ⅓⅘㩆㦲怙堳Ṳ
provided at the same time. integrity requirements to be ⋀⽧Ὥ㘩Ə⏸ỢἼ㔦⺃惏敧ㇽ⅓⅘㩆
included in the Code of Conduct 㦲䙫ㇷⓈㇽ偞Ⓢ㎷ᾂ∐䚱˛
Prevention of Bribery will be discussed at the next
The company shall prohibit all issue of the Newsletter. ㉣⊕㧼⹃
forms of bribery and corruption. It (b) incorporate into the contract 暽䄝㬥⽬㘖ᷧ刓㥔⋀ᷱ⏖Ọ㎌⎾䙫┭㥔⎱
should remind its staff to comply documents with the contracting 䤥ẋ㴢⊼ƏἭ⅓⏟ㆰ㎷慹Ⓢⷌ恦ℴ㎌⎾凮
with the POBO when conducting the parties the following probity ⅓⏟㛰Ṳ⋀⽧Ὥ䙫ạ⣒(⥩ᾂㆰ┭ㇽ㉦⻡
company’s business and not to: ┭)ㇽ⅝ᷲⱓ㈧㎷ᾂ怵㖣⥉取ㇽ栢⮭䙫㬥
provision:
⽬ƏỌℴ⯴㎷ᾂ㬥⽬俬㬇ᷲぐデ˛
(a) solicit or accept any advantage “The sub-consultant/sub-contractor/
from others as a reward for or supplier shall prohibit his employees ⅞ⷵ奞ẟ㉨㑻
inducement to doing any act or and agents who are involved in this
showing favour in relation to the contract from offering, soliciting or 䂡ṭ⊇⼞⑳㎏⻊Ⓢⷌ⎱⇭∋桎┶˚⇭⋬┭
company’s business or affairs, or accepting any advantage as defined ⑳ᾂㆰ┭䙫媇ῈƏ⅓⏟ㆰ楽ℯ:
offer any advantage to an agent in the Prevention of Bribery Ordinance
ICAC
of another as a reward for or (Cap 201) when conducting business (䔙) ⏸Ⓢⷌ䙣⇡圊㽸⩆℅Ə⇾㗵⅓⏟⯴Ⓢ
inducement to doing any act or in connection with this contract.” ⷌ堳䂡㒴⭯䙫奨㰩Ə⋬㋓⅓⏟Ⱈ昙㭉
showing favour in relation to his 岫岩⑳㎌⎾∐䚱⎱㬥⽬䙫㔦䬽˛堳䂡
principal’s business or affairs; The full version of the POBO could be ⭯∮ⅎ䙫⅝ẽ堳䂡㒴⭯奨㰩Ə⯮㖣ᷲ
ᷧ㜆态姱⇱⇡˛
(b) offer any advantage to any public accessed through the Bilingual Laws
Information System of Department of
servant (incl. government/public Justice: http://www.legislation.gov.hk/ (Ṁ) 㖣⇭∋桎┶˚⇭⋬┭⑳ᾂㆰ┭䙫⏯䳫
body employee) as a reward for blis_ind.nsf/WebView?OpenAgent&ca ⅎ⊇⅌Ọᷲ䙫奞ẟ㝛㧼:
or inducement to his performing p=CurAllEngDoc*201
any act in his official capacity ˥✏敲ⰼ凮㜓⏯䳫㛰旃䙫㥔⋀㘩Ə⇭∋桎
or his showing any favour ⷓ墾 ┶/⇭⋬┭/ᾂㆰ┭柯䥨㭉⅝瀽凮㜓⏯䳫䙫
or providing any assistance ⃘Ⓢ⎱Ị炶ạ㎷ᾂ˚瀼⎽ㇽ㎌⎾ˣ昙㭉岫
in business dealing with the ˣ昙㭉岫岩㢄ὲˤ(ˣ㢄ὲˤ)䥨㭉⅓⅘㩆㦲 瀚㢄炇ˤ(榀㸖㲼炇䬓201 䫇)㈧⮁侐䙫Ợ
government / a public body; or ⑳䦨䇆⅓⏟ⅎỢἼ⽉䙫岑㱈岫岩堳䂡Ə Ἴ炯䚱˛˦
⹙䊖岫岩佑Əᷴ€ị㛰旃Ⓢⷌ⏖僤⎾∗⇸
(c) offer any advantage to any staff 䕝Ḕẍ⋬㋓桎┶⅓⏟⑳㉦⻡┭ (⅓⏟)˛ 㛰旃ˣ㢄 ὲˤ䙫㲼ὲ⎆㕮Ə⏖⎪斘⽲㔦
of a government department or 岓ƏṆ䎞㱈ṭ⅓⏟⑳⻡怇㥔䙫偙孤˛㜓㕮 ⏟曀媅㲼ὲ岮㖀䳢䵘䶙✧Ɲhttp://www.
public body while they are having 㗏✏Ẳ䴠榀㸖Ḣ奨䙫岫岩佑Əḍ㎷⇡㎑ legislation.gov.hk/blis_ind.nsf/WebView
business dealing with the latter. 㖤ƏỌ㎷檿⻡怇㥔䙫媇Ὲ㨀㹽˛ ?OpenAgent&cap=CurAllEngDoc*201
28 / CIC NEWSLETTER ISSUE NO. 21 / ⻡㥔ₚ姱 䬓ṳ⌨ᷧ㜆
⫆朊
Integrity Building Series
Integrity Requirements – egrity Requirements –
Int ༐ڦܔணӻΐ
༐ڦٙᅺ { ϗաлूձಛܙ { ϗաлूձಛܙ
Acceptance of Advantages and EntertainmentAdvantages and Entertainment ༐ڦٙᅺ
Introduction Acceptance of Entertainment ⃧䖈⍊㧼⹃
Under the Prevention of Bribery Although entertainment is an 㠠 㓁ˣ㢄 ὲˤƏ˥∐ 䚱˦㋮ỢἼ椲峯˚岟
Ordinance (POBO), bribery is acceptable form of business and 㬥˚岢䔏˚⠘慓˚Ὂ憸˚㛴⋀ㇽℑ⽬(㬥⽬
prohibited in both the public social behaviour, the company should 晋⣽)˛˥㬥⽬˦∮㋮ᾂㆰ✏䕝⠛Ẓ䔏䙫棆
and private sectors, including remind its staff to avoid accepting 䉐ㇽ棙⒨ƏỌ⎱ỢἼ凮㭋柬ᾂㆰ㛰旃ㇽ⏳
consultant firms and construction lavish or frequent entertainment 㘩㎷ᾂ䙫⅝ẽ㬥⽬˛
companies (company). Committing from persons with whom the
a bribery offence not only renders company has business dealing (e.g. 擰㨠宂宀
the employee concerned liable suppliers or contractors) or from ⅓⏟ㆰ䥨㭉ỢἼ⽉䙫岑㱈岫岩堳䂡˛⅓
to punishment upon conviction, their subordinates to avoid placing ⏟ㆰ㎷慹Ⓢⷌ✏⟞堳⅓⏟Ṳ⋀㘩Ə⾬柯恜
it also tarnishes the reputation of themselves in a position of obligation. ⭯ˣ㢄ὲˤ⎱ᷴ⏖Ɲ
the company and the construction
industry. This article aims to Measures to
introduce the key bribery offences Enhance Integrity (䔙) 䴉⎽ㇽ㎌⎾ẽạ䙫∐䚱Əὃ䂡ὃ⇡Ợ
and suggest measures to enhance Ἴ凮⅓⏟Ṳ⋀㛰旃䙫堳䂡ㇽ⯴ẽạ
the integrity standard of the As a first step to enhance and ✏⅓⏟Ṳ⋀ᷱṯỌℑ⽬䙫⠘慓ㇽ婿
construction industry. promote the integrity of its staff and ⛇ƞㇽ㎷ᾂỢἼ∐䚱ṯ⅝ẽạ䙫Ị䏭
contracting parties such as sub- ạỌὃ䂡⅝ὃ⇡凮⅝ḢṲạ㥔⋀㛰旃
Advantages and consultants, sub-contractors and 䙫堳䂡ㇽ✏⅝ḢṲạ㥔⋀ᷱ䵍ṯẽạ
suppliers, the company should:
ℑ⽬䙫⠘慓ㇽ婿⛇ƞ
Entertainment
Under POBO ’ s definition, (a) issue a Code of Conduct to (Ṁ) ⏸⅓偞ạⓈ(⋬㋓㔦⺃⎱⅓⅘㩆㦲䙫
“advantages” include gift, loan, fee, set out, among other integrity 偞Ⓢ)㎷ᾂỢἼ∐䚱Əὃ䂡婙ạⓈὃ
reward, commission, service and requirements, its policy on ⇡ỢἼ凮⅝⅓偞㛰旃䙫堳䂡ㇽ✏⅝㔦
favour etc., except “entertainment”, the prevention of bribery and ⺃惏敧ㇽ⅓⅘㩆㦲Ṳ⋀ᷱ㎷ᾂℑ⽬ㇽ
which is defined as the provision of acceptance of advantages/ ⌻⊐䙫⠘慓ㇽ婿⛇ƞㇽ
food or drink for consumption on the entertainment for compliance
occasion, and any entertainment by its directors and staff. Other (Ḁ) ✏凮ỢἼ㔦⺃惏敧ㇽ⅓⅘㩆㦲怙堳Ṳ
provided at the same time. integrity requirements to be ⋀⽧Ὥ㘩Ə⏸ỢἼ㔦⺃惏敧ㇽ⅓⅘㩆
included in the Code of Conduct 㦲䙫ㇷⓈㇽ偞Ⓢ㎷ᾂ∐䚱˛
Prevention of Bribery will be discussed at the next
The company shall prohibit all issue of the Newsletter. ㉣⊕㧼⹃
forms of bribery and corruption. It (b) incorporate into the contract 暽䄝㬥⽬㘖ᷧ刓㥔⋀ᷱ⏖Ọ㎌⎾䙫┭㥔⎱
should remind its staff to comply documents with the contracting 䤥ẋ㴢⊼ƏἭ⅓⏟ㆰ㎷慹Ⓢⷌ恦ℴ㎌⎾凮
with the POBO when conducting the parties the following probity ⅓⏟㛰Ṳ⋀⽧Ὥ䙫ạ⣒(⥩ᾂㆰ┭ㇽ㉦⻡
company’s business and not to: ┭)ㇽ⅝ᷲⱓ㈧㎷ᾂ怵㖣⥉取ㇽ栢⮭䙫㬥
provision:
⽬ƏỌℴ⯴㎷ᾂ㬥⽬俬㬇ᷲぐデ˛
(a) solicit or accept any advantage “The sub-consultant/sub-contractor/
from others as a reward for or supplier shall prohibit his employees ⅞ⷵ奞ẟ㉨㑻
inducement to doing any act or and agents who are involved in this
showing favour in relation to the contract from offering, soliciting or 䂡ṭ⊇⼞⑳㎏⻊Ⓢⷌ⎱⇭∋桎┶˚⇭⋬┭
company’s business or affairs, or accepting any advantage as defined ⑳ᾂㆰ┭䙫媇ῈƏ⅓⏟ㆰ楽ℯ:
offer any advantage to an agent in the Prevention of Bribery Ordinance
ICAC
of another as a reward for or (Cap 201) when conducting business (䔙) ⏸Ⓢⷌ䙣⇡圊㽸⩆℅Ə⇾㗵⅓⏟⯴Ⓢ
inducement to doing any act or in connection with this contract.” ⷌ堳䂡㒴⭯䙫奨㰩Ə⋬㋓⅓⏟Ⱈ昙㭉
showing favour in relation to his 岫岩⑳㎌⎾∐䚱⎱㬥⽬䙫㔦䬽˛堳䂡
principal’s business or affairs; The full version of the POBO could be ⭯∮ⅎ䙫⅝ẽ堳䂡㒴⭯奨㰩Ə⯮㖣ᷲ
ᷧ㜆态姱⇱⇡˛
(b) offer any advantage to any public accessed through the Bilingual Laws
Information System of Department of
servant (incl. government/public Justice: http://www.legislation.gov.hk/ (Ṁ) 㖣⇭∋桎┶˚⇭⋬┭⑳ᾂㆰ┭䙫⏯䳫
body employee) as a reward for blis_ind.nsf/WebView?OpenAgent&ca ⅎ⊇⅌Ọᷲ䙫奞ẟ㝛㧼:
or inducement to his performing p=CurAllEngDoc*201
any act in his official capacity ˥✏敲ⰼ凮㜓⏯䳫㛰旃䙫㥔⋀㘩Ə⇭∋桎
or his showing any favour ⷓ墾 ┶/⇭⋬┭/ᾂㆰ┭柯䥨㭉⅝瀽凮㜓⏯䳫䙫
or providing any assistance ⃘Ⓢ⎱Ị炶ạ㎷ᾂ˚瀼⎽ㇽ㎌⎾ˣ昙㭉岫
in business dealing with the ˣ昙㭉岫岩㢄ὲˤ(ˣ㢄ὲˤ)䥨㭉⅓⅘㩆㦲 瀚㢄炇ˤ(榀㸖㲼炇䬓201 䫇)㈧⮁侐䙫Ợ
government / a public body; or ⑳䦨䇆⅓⏟ⅎỢἼ⽉䙫岑㱈岫岩堳䂡Ə Ἴ炯䚱˛˦
⹙䊖岫岩佑Əᷴ€ị㛰旃Ⓢⷌ⏖僤⎾∗⇸
(c) offer any advantage to any staff 䕝Ḕẍ⋬㋓桎┶⅓⏟⑳㉦⻡┭ (⅓⏟)˛ 㛰旃ˣ㢄 ὲˤ䙫㲼ὲ⎆㕮Ə⏖⎪斘⽲㔦
of a government department or 岓ƏṆ䎞㱈ṭ⅓⏟⑳⻡怇㥔䙫偙孤˛㜓㕮 ⏟曀媅㲼ὲ岮㖀䳢䵘䶙✧Ɲhttp://www.
public body while they are having 㗏✏Ẳ䴠榀㸖Ḣ奨䙫岫岩佑Əḍ㎷⇡㎑ legislation.gov.hk/blis_ind.nsf/WebView
business dealing with the latter. 㖤ƏỌ㎷檿⻡怇㥔䙫媇Ὲ㨀㹽˛ ?OpenAgent&cap=CurAllEngDoc*201
28 / CIC NEWSLETTER ISSUE NO. 21 / ⻡㥔ₚ姱 䬓ṳ⌨ᷧ㜆
