1. Seminar on Corruption Prevention Seminar on Corruption Prevention Department of Electronic Engineering City University of Hong Kong Community Relations Department

2. ICAC’s Three-pronged Approach in Fighting Corruption Community Relations Department Operations Department Corruption Prevention Department Commissioner

3. Outline  Prevention of Bribery Ordinance  Legal & Ethical Issues  Ethical Decision Making  ICAC services

4. Prevention of Bribery Ordinance(PBO)  Prevent breach of trust (agent / principal)  Protect interest of stakeholders  Ensure fair-play  Both offeror and recipient of a bribe are guilty  Applicable to Government, Public & Private Sectors

5. Common Corruption Prone Areas  Solicit commissions or rebates from suppliers/contractors  Conflict of interest  Use of false documents  Staff administration

6. PBO Section 9  Agent (employee)  Solicits/accepts advantages  An act in relation to the principal’s affairs or business  Without principal's (employer's) approval

7. PBO Section 9 Both offeror & recipient are guilty Maximum Penalty : Imprisonment of 7 years and $500,000 fine

8.  Gift, loan, fee, reward or commission  Employment or contract  Payment, release or discharge of loan or liability  Service or favor (except entertainment)  Exercise of any right or power Advantages

9. Entertainment The provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with, or provided at the same time

10. Prevention of Bribery Ordinance Section 9(3) An agent Intends to deceive his principal Using false / erroneous / defective accounts/ documents / receipts Maximum penalty: a fine of $500,000 and imprisonment of 7 years

11. PBO SECTION 9(3) Examples: Cover up deceptive activities or other offence Procurement of goods or service Attendance / Leave record Job-related allowance or welfare Re-imbursement of expense

12. Ethical Decision Making ETHICS Process – 6 major steps to follow E stablish facts, identify ethical issues T ake stock of all ‘ stakeholders ’ H ave assessment on stakeholders ’ position I dentify alternatives C ompare and evaluate consequences S elect course of action

13. Ethical Decision Making PLUS Standards – factors to consider P rofessional / trade-related / company code of conduct L egal requirements U ncompromisable self values S unshine test

14. PBO Section 11 In any proceedings for an offence, the following shall NOT be a defence: Actually did not have the power, right or opportunity to do so Did not in fact do so Did not intend to do so

15. PBO Section 19 In any proceedings for an offence, it shall NOT be a defence to show that any such advantage is customary in any profession, trade, vocation or calling.

16. The Dos Observe the PBO Observe the PBO Comply with Code of Professional Conduct / Company code of conduct Comply with Code of Professional Conduct / Company code of conduct Stay alert Stay alert Avoid the “sweetner” Avoid the “sweetner” Declare and seek permission/ advice when in doubt Declare and seek permission/ advice when in doubt

17. The Don ’ ts Don’t place yourself in a position of obligation Don’t place yourself in a position of obligation Don't accept advantages without permission Don't accept advantages without permission Don’t tolerate corruption/ malpractice Don’t tolerate corruption/ malpractice

18. Report Corruption & Enquiries ICAC Report Centre or 7 Regional Offices 2526 6366 (24 hrs) GPO Box 1000, HK

19. Thank You www.icac.org.hk