 |
Sections 9(1) and (2) |
|
|
- "Agent" includes a MC member of the OC, and contractor or staff employed by the OC
|
- Without the principal's permission
|
- "Principal" includes OC
- "Permission" can be verbal or written, before or as soon as possible after the advantage is accepted but customary practice will not negate the need to obtain principal's permission
|
- Solicits or accepts any advantage
|
- "Advantage" includes any payment, gift, loan, employment, service or favour, etc. except entertainment which refers to the provision of food, drink or other entertainment for immediate consumption on the occasion
|
- For doing or forbearing to do any act in relation to his principal's affairs
|
- No defence in court even if the recipient of the bribe does not have the authority/opportunity to carry out the act for the purpose of the bribe or does not intend to do so
|
- Any person who offers such an advantage is also liable
|
|
 |
 |
Section 9(3) |
|
|
|
- Uses any false/erroneous/defective receipt/account/other document
|
- Other document includes a tender, contract, certificate, etc.
|
|
- No need to prove that the agent has gained from using the false document to deceive his principal
|
 |
 |
Section 4(1)
|
|
|
|
- Offers an advantage to a public servant in Hong Kong or elsewhere
|
- "Public servant" includes a government or a public body employee
|
- For the public servant's doing or forbearing to do his duties
|
- If that public servant is a public body employee, it depends on whether he has obtained a written permission from the public body
|
- The public servant who accepts such an advantage is also liable
|
|

|