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Laws and Regulations Prevention of Bribery Ordinance (Cap 201)
Section 9 of Prevention of Bribery Ordinance (PBO) prohibits the offering of a bribe to or its acceptance by an agent and the use of false document by an agent to deceive his principal. Section 4 forbids the offering to a bribe to a public officer. These offences can draw a maximum penalty of seven years' imprisonment and a fine of $500,000. The following table provides a summary of points of the relevant sections of PBO. For the original text of the ordinance, please click here.
 
Summary Key Points
   
Sections 9(1) and (2)  
  • Any agent
  • "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)  
  • An agent

 

  • Uses any false/erroneous/defective receipt/account/other document
  • Other document includes a tender, contract, certificate, etc.
  • To deceive his principal
  • No need to prove that the agent has gained from using the false document to deceive his principal

Section 4(1)

 
  • Any person

 

  • 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
 



To manage the building, you may come across the offering of an advantage to you. Can it be accepted? This flow chart may help you find out the answer step by step.
 
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