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Laws and Regulations Extracts from the Prevention of Bribery Ordinance

Section 9 Corrupt transactions with agents

(1)

Any agent who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his -

(a)	doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or
(b)	showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal's affairs or business,

shall be guilty of an offence.

(2)

Any person who, without lawful authority or reasonable excuse, offers any advantage to any agent as an inducement to or reward for or otherwise on account of the agent's -

(a)	doing or forbearing to do, or having done or forborne to do, any act in relation to his principal's affairs or business; or
(b)	showing or forbearing to show, or having shown or forborne to show, favour or disfavour to any person in relation to his principal's affairs or business,

shall be guilty of an offence.

(3)

Any agent who, with intent to deceive his principal, uses any receipt, account or other document –

(a)	in respect of which the principal is interested; and
(b)	which contains any statement which is false or erroneous or defective in any material particular; and
(c)	which to his knowledge is intended to mislead the principal,

shall be guilty of an offence.

(4)

If an agent solicits or accepts an advantage with the permission of his principal, being permission which complies with subsection (5), neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2).

(5)

For the purposes of subsection (4) permission shall -

(a)	be given before the advantage is offered, solicited or accepted; or
(b)	in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance, and for such permission to be effective for the purposes of subsection(4), the principal shall, before giving such permission, have regard to the circumstances in which it is sought.

Section 4 Corrupt transactions with public officers

(1)

Any person who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, offers any advantage to a public servant as an inducement to or reward for or otherwise on account of that public servant's –

(a)	performing or abstaining from performing, or having performed or abstained from performing, any act in his capacity as a public servant;
(b)	expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act, whether by that public servant or by any other public servant in his or that other public servant's capacity as a public servant; or
(c)	assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the transaction of any business with a public body,

shall be guilty of an offence.

(2)

Any public servant who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his -

(a)	performing or abstaining from performing, or having performed or abstained from performing, any act in his capacity as a public servant;
(b)	expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act, whether by himself or by any other public servant in his or that other public servant's capacity as a public servant; or
(c)	assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the transaction of any business with a public body,

shall be guilty of an offence.

(3)

If a public servant other than a prescribed officer solicits or accepts an advantage with the permission of the public body of which he is an employee being permission which complies with subsection (4), neither he nor the person who offered the advantage shall be guilty of an offence under this section.

(4)

For the purposes of subsection (3) permission shall be in writing and –

(a)	be given before the advantage is offered, solicited or accepted; or
(b)	in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance, and for such permission to be effective for the purposes of subsection (3), the public body shall, before giving such permission, have regard to the circumstances in which it is sought.

Section 2 Interpretation

"Advantage" means
(a)	any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b)	any office, employment or contract;
(c)	any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d)	any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e)	the exercise or forbearance from the exercise of any right or any power or duty; and
(f)	any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e), but does not include an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), particulars of which are included in an election return in accordance with that Ordinance.

"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 as, such provisions.