Anti-Corruption law concerns you
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The University is classified as a Public Body under the Prevention Bribery Ordinance (PBO) since its services impact significantly on the interests of the public. The following are some common queries raised by public body employees regarding the applicability of the PB" on them:
Should I accept "lai sees" which are voluntarily offered by clients or business partners?
- OLai sees" is defined as an advantage under the PBO. If the acceptance of the "lai see" is related to your official dealings and you do not have the written permission of your employer to accept the "lai see", you will commit an offence under Section 4 of PBO.
- Even if the "lai see" offered is not specifically for smoothing the way for official matters, you should follow your organizaiton's guidelines to decide whether to accept the laisee if you have official dealings with the offeror.
- Acceptance of "lai sees" will not constitute an offence if you do not have any official dealings with the offeror.
Is there any restriction on the acceptance of entertainment in relation to official duties?
- As entertainment does not fall within the definition of an advantage under the PBO, its acceptance will not constitute a corruption offence. However, there are restrictions on the acceptance of entertainment in relation to official duties.
- Many public bodies have drawn up staff guidelines on acceptance of entertainment so as to guard their employees against embarrassment or loss of objectivity in performing their official duties. As such, prior to accepting any entertainment from your clients or suppliers, you should familiarize yourself with the guidelines on the acceptance of entertainment issued by your organization.
Do I have any criminal liability for assisting a colleague to deceive my organization with false attendance records or fictitious claims for overtime allowances?
- Your colleague will commit an offence under the PB" if he, as an agent (e.g. an employee), uses any receipt or document with an intent to deceive his principal (e.g. his employer). Moreover, you will be liable to an offence of conspiracy if you assist him in committing the crime.