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False attendance record

Ollie, who worked at a hotel, discovered that her cousin who worked at the same hotel, had corrupt dealings with another hotel staff. What should Ollie do?
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False attendance record
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Ophelia, who worked part-time at a hotel, was responsible for hosting guests during conferences and banquets.  Recently, she planned a week-long Japan trip with her boyfriend, which meant she would forfeit a substantial part of her income.  Therefore, Ophelia asked her cousin, Ollie, who also worked at the hotel, to forge her signature on the monthly attendance record sheet to make it appear as if she had worked and to deceive the hotel of wages.

However, Ollie believed that forging false records might constitute fraud and firmly refused Ophelia's request.  Ophelia then approached Oscar, another part-time employee, with the same request.  To persuade Oscar, Ophelia promised to help him buy limited-edition anime figures from Japan.  Unable to resist the temptation, Oscar agreed to help Ophelia by forging her signature on the attendance record sheet.  Ollie was aware of Ophelia's collusion with Oscar but, reluctant to report her cousin, chose to turn a blind eye to the illegal behaviour.

Case Analysis

Ophelia deliberately submitted false attendance record to her company intending to deceive the employer of wages.  She might violate Section 9(3) of the Prevention of Bribery Ordinance or other fraudulent offences as she intentionally used documents containing false information to deceive her employer.  Oscar might also commit an offence of conspiracy to defraud.  When faced with Ophelia’s offer to help him purchase limited-edition anime figures, Oscar should decline the offer immediately to avoid putting himself in an obligatory position that could lead to illegal acts.

Ollie was aware that Ophelia had submitted false documents to deceive the hotel but chose to turn a blind eye.  Deliberately concealing or shielding unlawful behaviour may give rise to suspicions of involvement in illegal activities.  Therefore, to safeguard the interests of oneself and the company, employees should adopt a zero-tolerance stance toward corruption and report it to the ICAC.

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The best employee?

To receive the additional transportation allowance, Nancy, the temporary worker of a hotel, asked Nick, the hotel manager, to sign off her false attendance records.
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The best employee?
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The hotel was in the midst of a busy banquet season and often hired temporary workers at an hourly wage to assist with operations.  According to the hotel's policy, employees who left their posts after midnight were eligible for an additional transportation allowance.

Nancy had been working at the hotel for some time and was highly regarded by the hotel manager, Nick, due to her efficiency and diligence.  In order to receive the additional transportation allowance, Nancy asked Nick if she could report her off hour at midnight even though she actually only worked until 11 p.m.  Initially, Nick hesitated, but considering the difficulties in hiring within the hotel industry, he eventually decided to turn a blind eye to Nancy’s actions and signed off her attendance records to help her obtain the extra allowance.

Case Analysis

Nancy deliberately submitted false attendance records to her company with the intent to deceive her employer of wages.  She might violate Section 9(3) of the Prevention of Bribery Ordinance or committed other fraudulent offences, as she intentionally used documents containing false information to mislead her employer.  Even though Nick did not receive any advantages, he might also be guilty of conspiracy to defraud.

As a managerial staff, Nick has a responsibility to carry out his supervisory duties.  Apart from performing his own duties, he should serve as a role model and set a good example for his subordinates.  It is his duty to oversee the conduct and performance of his subordinates, ensuring their compliance with laws and regulations.

Employees should always remain vigilant and adopt a zero-tolerance stance toward corruption and unethical practices, and report to the ICAC and the company.  If employees turn a blind eye or condone illegal behaviour, it not only tarnishes the corporate culture but also harms the company's interests.

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Partners in crime

A hotel chief engineer conspired with a spare part supplier by submitting false invoices to the hotel to deceive payment on goods never received.
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Partners in crime
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Michael, the chief engineer of the hotel, was responsible for purchasing spare parts for the repair of the hotel’s air-conditioning system.  According to the purchasing policy of the hotel, Michael was required to declare any conflict of interest and obtain quotations from various suppliers for each purchase and recommend a selected supplier to the hotel.

Michael’s high school classmate, Mike, was a spare parts supplier of the hotel but Michael never declared the conflict of interest to the hotel.  They agreed that for each procurement exercise, Michael would first disclose the quotations from other companies to Mike, who would then submit his quotation before the submission deadline.  Mike’s company often won the supply contract with the lowest bid.  In case where no quotations were received for minor purchase items, they falsified multiple quotations, and Mike’s company secured the contracts with the lowest bid.

On the other hand, Mike submitted false invoices to the hotel, falsely claiming that he had delivered all the parts according to the quoted quantities.  In reality, the amount of goods delivered was insufficient and Michael assisted in concealing the under-delivery. 

Case Analysis

Michael is regarded as an agent of the hotel.  Without the hotel’s permission, he accepted rebates from Mike for disclosing quotation information of other bidders to the latter so that Mike could secure the contract at the lowest bid.  Michael might breach Section 9 of the Prevention of Bribery Ordinance (POBO) while Mike might also commit the offence by offering bribes.  Michael conspired with Mike to use false documents to deceive his employer so that Mike could obtain the supply contract, he might breach Section 9(3) of the POBO or other fraudulent offences and Mike might also commit a conspiracy to defraud offence.  Similarly, Mike submitted false invoices to the hotel to conceal the under-delivery and Michael assisted to cover up the matter.  Both of them might commit the offence of conspiracy to defraud.

Michael and Mike were high school classmates which constituted a conflict of interest.  Michael did not declare the conflict of interest to the hotel intentionally and might violate the company’s internal policies.  Employees must adhere to the company’s guidelines and procedures when conducting procurement exercises, including the guidelines on handling conflicts of interest.  They should avoid conflict of interest as far as possible and make timely declarations strictly following the internal guidelines.  Mishandling conflict of interest may distort and cast doubt on the reliability of one’s professional judgement.  On the other hand, companies should implement internal monitoring mechanisms and effective checks and balances to ensure that employees properly follow the procurement policies and goods receiving procedures. 

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Building a problem

Karson, a Chief Engineer of a hotel, was offered a red packet by the proprietor of a construction company for his assistance in awarding a hotel renovation project.
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Building a problem
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Karson, the Chief Engineer of a hotel, was assigned to oversee a $5 million renovation project for the hotel’s main lobby.  Kenneth, the proprietor of a construction company, was selected as the contractor for the renovation work.

During the traditional “God Worshipping” ceremony that marked the project’s commencement, Kenneth offered Karson a red packet of $30,000 as a token of gratitude for his assistance in awarding the contract.  Karson gratefully accepted the offer.

One month later, while inspecting the project’s progress, Karson noticed that the quality of the marble used in the lobby was substandard and did not meet the tender specifications.  Due to the tight schedule and cost implications, Kenneth was reluctant to replace the marble.  To cover up the issue, he proposed giving Karson a rebate of 2% of the project sum in exchange for Karson turning a blind eye to the substandard work.  Although bewildered by the offer, Karson verbally agreed to the arrangement to avoid damaging the harmonious working relationship with Kenneth.

Case Analysis

According to Section 9 of the Prevention of Bribery Ordinance (POBO), it would be an offence if Karson, a hotel employee, without the permission of his employer, accepted an advantage, i.e., the red packet and the 2% rebate of the project sum, for awarding the renovation project to Kenneth and turning a blind eye to the substandard work.  Kenneth might also violate POBO by offering bribes.

According to Section 19 of the POBO, it shall not be a defence to show that the acceptance of advantage is customary in any profession, trade, vocation or calling.  Although the red packet was offered during the customary “God Worshipping” ceremony, the court shall determine the legality based on whether the recipient had obtained the permission from his principal.

Although Karson did not actively solicit advantages and might not have ultimately received any commission from Kenneth, the verbal agreement between the two parties to conceal the substantial work still constituted corruption.  According to Section 11 of the POBO, once an agreement to offer and accept a bribe is reached, both the offeror and acceptor of the bribe shall commit an offence even if the acceptor claims that he did not actually carry out the act as agreed.

Karson might also breach the Rules of Conduct of the Hong Kong Institution of Engineers (HKIE) which states that a member of HKIE shall discharge his duties with integrity and in accordance with the highest standards of business ethics; and neither give nor accept any gift, entertainment, payment or service of more than nominal value, to or from those having a business relationship with his employer or client without the consent of the latter.

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From small gifts to blatant bribe

Leo, a head chef, was busy with sourcing food suppliers for the hotel’s recent promotional event. His old classmate, a food supplier, offered a ‘tempting deal’ in return for his help.
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From small gifts to blatant bribe
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Leo, the head chef of a Chinese restaurant in a renowned hotel, was responsible for food purchasing.  During an alumni reunion, he met an old classmate, Louis, who was now a food supplier of various food stalls and restaurants.  Following the reunion, Louis sent Leo hampers and gifts during festive occasions and expressed interest in becoming a food supplier for Leo’s hotel.

Not long after, Leo’s hotel planned to host a “gourmet food festival” as part of a promotional campaign to boost business.  Knowing that Leo was sourcing suppliers to secure the best prices with good quality, Louis contacted Leo for more details.  Eager to win the contract, Louis asked Leo to provide him with the price quotations submitted by other suppliers so that he could beat the competitors with lower price.  Louis promised to deposit 10% of the contract sum as a rebate into Leo’s personal account for Leo’s assistance.  Faced with financial difficulties due to recent stock market losses, Leo eventually agreed to help Louis.  Leo suggested transferring the rebate to his wife’s account to conceal their corrupt dealing.

Case Analysis

Leo is regarded as an agent of the hotel.  Without the hotel’s permission, he accepted a rebate from Louis for abusing his official capacity to disclose other bidders’ information to the latter.  Leo might breach Section 9 of the Prevention of Bribery Ordinance (POBO) while Louis might also commit the offence by offering a bribe.  Accepting bribes, whether directly or indirectly through a third party, is against the law.  If the purpose of offering the advantage is to induce the agent to do an act in relation to his principal’s business, both the offeror and the recipient would commit an offence under the POBO.  Bidders’ or clients’ information is valuable to the hotel and staff members should strictly follow the guidelines laid down by the hotel for protecting confidential information.

On the other hand, hampers and gifts are advantages.  According to Section 19 of the POBO, custom or trade practice cannot constitute a defence.  If these gifts were offered to Leo with a corrupt motive, both Leo and Louis might commit a bribery offence, even if they were offered during festive occasions. Even if no corruption was involved, Leo should follow the hotel’s code of conduct regarding the acceptance of advantages to avoid conflict of interest.  He should be particularly cautious of the sweetening process initiated by Louis’ offer of gifts.  Accepting frequent gifts and favours will put the recipient in an obligatory position to reciprocate, compromising one’s objectivity in carrying out official duties and potentially leading to corruption.

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Turning a blind eye

The chief chef of a hotel accepted bribes from a food supplier for turning a blind eye to the substandard food supply.
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Turning a blind eye
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Bruce, a chief chef at a hotel, was responsible for managing supplier performance and inspecting food quality.  Bob was one of the frozen meat suppliers for Bruce’s hotel.

Recently, Bob purchased a batch of substandard frozen meat to cut costs, which was set to be delivered to Bruce’s hotel.  Upon delivery, Bruce discovered the poor quality of the food.  To cover up the issue, Bob offered Bruce a substantial sum of money to turn a blind eye to the quality problem and acknowledge receipt of the goods.  Since Bob’s company was a long-standing hotel supplier, Bruce accepted Bob’s generous offer and let him pass.  Later, because of the increasing number of complaints about the food quality, Bruce had no choice but to dispose of the entire batch, resulting in significant financial loss for the hotel.

Case Analysis

It is an offence under Section 9 of the Prevention of Bribery Ordinance (POBO) for any agent, without the permission of his principal, to accept any advantage as an inducement to or reward for him to abuse his authority in relation to his principal’s affairs or business.

Bruce, as the chief chef of the hotel, is regarded as an agent.  He might breach Section 9 of the POBO for accepting money from Bob for turning a blind eye to the substandard food quality without the permission of the hotel.  Bob might also commit an offence for offering bribes.

Bruce’s unethical behaviour constituted a serious breach of his employer’s trust and caused unfairness to other suppliers and customers.  Moreover, substandard food quality might also jeopardise food safety if not properly addressed.

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Integrity in everyday life - is it okay to accept lucky draw prize in work capacity? (Cantonese only)

Would you accept an expensive lucky draw prize at a client's party which you attended on your company's behalf?
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Transcript

短片對白文字版本

分場一

時間: 日

地點: 街上

人物: 謝安琪(嘉賓主持)

謝安琪:    大家好,我是謝安琪!聖誕、新年、party特別多!如果你代表公司出席客戶的派對,很幸運抽到名貴禮物,你會否收下嗎?

分場二

時間: 夜

地點: 酒樓

人物: 宴會主持人William,Andy

William:   週年聯歡晚會的壓軸大獎誰會抽到?得到壓軸大獎的幸運兒是…

(William從抽獎箱抽出號碼)

女員工:    Andy,你很有機會呢!

Andy:       不會吧?我不是你們公司的員工。我是客人,怎會有份兒?

William:    壓軸大獎得主是123號!

男員工:    Andy,是你啊!你得了大獎!

William:    是你啊!Andy。

眾人:        是你啊!是你啊!恭喜你!Andy。

William:    特別大獎是…

(William拿出禮物盒內的相機)

Andy:       謝謝!

William:    不如試試看?預備,笑!

(鏡頭轉到聖誕聯歡晚會現場)

William:   今年聖誕聯歡晚會得到大獎的會是哪一位?(William抽出號碼)又是你,Andy!

眾人:        真好!真好!

William:    恭喜你!

Andy:       123!

William:   (拿出手錶一隻)試試看!

Andy:       很好!很好!

William:    很適合你!既然那麼適合你,不如把這份合約給簽了?

Andy:       好啊!

(Andy於合同上簽署)

William:    現在幾點了?

Andy:       十點三十分!

(鏡頭轉到春茗晚會現場)

William:   時間真的過得很快。剛剛吃過聖誕大餐現在又到春茗了!今次壓軸大獎又係那一位…

Andy:       123!

William:   恭喜你!

Andy:       謝謝!謝謝!

William:    這次大獎是名貴房車一輛!

眾人:        真好啊,Andy!

William:   真開心!誰會抽到?我們去兜風之前先把這份合約簽了吧。

(Andy於合同上簽署,Andy拿著車匙興奮不已)

Andy:       等一等,你給我簽的是什麼合約!

William:   什麼合約不合約的,我們兜風去吧!

眾人:        好,我們兜風去!

分場三

時間: 日

地點: 辦公室內

人物: Andy,老闆

(老闆拿著文件遞向發呆的Andy)

老闆:        合約裡有那麼多錯字,幸子還未給客人看,快點把它改好。你還不去William公司的聯歡晚會?為什麼還在這裡?

Andy:       知道了,老闆!剛好William的秘書來電話,請我不要遲到。她說今晚有抽獎遊戲,不過…

老闆:        我們跟William公司有合作關係,他們是我們的供應商,要避免有利益衝突,是不應該收禮物的。

Andy:       那,我今晚不去了!

老闆:        那又不用!生意應酬總會是有的!其實很多有制度的公司在這方面都有自己的規定,每家可能會有不同,但最重要的是把規定清清楚楚的講明白。

Andy:       抽到了禮物該怎麼辦?

老闆:        你可以即時退回去。如果覺得不好意思、或客人不願意收回,你可以把禮物帶回公司申報,由公司決定怎麼處理!

Andy:       好!那我明白了!

分場四

時間: 日

地點: 街上

人物: 謝安琪(嘉賓主持)

謝安琪:    誠信生活至Okay,阿Kay提提你!下次代表公司出席客戶聯誼活動前,先問一下公司有甚麼規定,那就不用怕抽到了大獎也不知如何處理。

Import Data

[EN] Integrity in everyday life - is it okay to accept lucky draw prize in work capacity? (Cantonese only) Link: https://www.youtube.com/watch?v=HfevaWiYuIo Intro: Would you accept an expensive lucky draw prize at a client's party which you attended on your company's behalf? Transcript: https://hkbedc.icac.hk/en/doc?id=55§ion=videos&content=content [ZH-HANT] 誠信生活至OKay - 抽獎篇 Link: https://www.youtube.com/watch?v=HfevaWiYuIo Intro: 如果你代表公司出席客戶的派對,很幸運地抽到名貴禮物,你會否收下? Transcript: https://hkbedc.icac.hk/en/doc?id=55§ion=videos&content=content [ZH-HANS] 诚信生活至OKay - 抽奖篇 Link: https://www.youtube.com/watch?v=HfevaWiYuIo Intro: 如果你代表公司出席客户的派对,很幸运地抽到名贵礼物,你会否收下? Transcript: https://hkbedc.icac.hk/en/doc?id=55§ion=videos&content=content

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Work Ethics Fitness Challenge (Web version)

Want to know how ethically fit you are at workplace? Complete the test online to view the analysis for each scenario!

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Work Ethics Fitness Challenge
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Want to know how ethically fit you are at workplace? Complete the test online to view the analysis for each scenario!

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Corporate Ethics Health Checklist

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Corporate Ethics Health Checklist
Import Data

[EN] Corporate Ethics Health Checklist https://hkbedc.icac.hk/Upload/page/39/self/ea78da62919f4f148d9e3832ba122c12.pdf Image Link: https://hkbedc.icac.hk/Upload/news/88/self/b33a9b430bc74e1eb2c4b3bf58a69962.jpg [ZH-HANT] 企業誠信管理清單 https://hkbedc.icac.hk/Upload/page/39/self/0522655bbcd84add9999c865747856bd.pdf Image Link: https://hkbedc.icac.hk/Upload/news/88/self/c42ccd60b2d543cdb7e6d3ef5b71d2b2.jpg [ZH-HANS] 企业诚信管理清单 https://hkbedc.icac.hk/Upload/page/39/self/0522655bbcd84add9999c865747856bd.pdf Image Link: https://hkbedc.icac.hk/Upload/news/88/self/c42ccd60b2d543cdb7e6d3ef5b71d2b2.jpg

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Survey Questions
1. In which country or region are you currently located?
Hong Kong
Chinese Mainland
Other (please specify)
2. What type of organisation do you represent?
Listed company
Large private company
SME / start-up
NGO / non-profit
Public organisation
Chamber / trade association
Other (please specify)
3. What is the size of your organisation?
1 - 49 employees
50-99 employees
100 - 199 employees
200 or more employees
4. What is your staff level or position?
Executive / senior management
Middle management
Professional
Supervisory level
Frontline/Technical Staff
Other (please specify)

Thank you for your feedback.