Section 9 of the Prevention of Bribery Ordinance empowers the principal or employer to decide whether his agent or employee can accept an advantage in executing his duties. Therefore, OCs should formulate a code of conduct, stating the policy and stance of the organization regarding the acceptance of advantages by their agents or employees. They should also promulgate the code to all parties concerned e.g. owners, MC members, employees and contractors, etc. so as to minimize corruption opportunities, and avoid misunderstanding and inadvertent contraventions of the law.

Besides, the Code of Practice on Procurement of Supplies, Goods and Services and Code of Practice on Building Management and Maintenance issued under the Building Management Ordinance by the Secretary for Home Affairs also stipulate that OC agents and employees shall not solicit or accept any advantage from any supplier or contractor.

Conflict of Interest and Declaration

A conflict of interest situation may arise and allegations of abuse of authority for private gains may be directed against MC members or employees if they invite companies in which they have shares or which are owned by them or their relatives to tender for services for their building. To ensure fairness, OCs should establish a mechanism of interest declaration for persons responsible for the related work.  In the event that they encounter conflict of interest situations such as those mentioned above, they must submit a written declaration to the OC in advance, and refrain from taking part in any relating discussion, assessment or supervision work.

Similarly, the Code of Practice on Procurement of Supplies, Goods and Services and Code of Practice on Building Management and Maintenance issued under the Building Management Ordinance by the Secretary for Home Affairs also require the OC agents and employees to declare any conflict of interest in relation to their duties.