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The wise choice

York, a handbag shop owner, bribed tourist guide Yvette to recommend his store to her travel agent for shop registration.
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The wise choice
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York, the owner of a handbag shop, noticed that many tourists were visiting a watch store nearby.  Realising the potential for increased business from inbound visitors, he planned to have his shop registered with the Travel Industry Authority (TIA) through a travel agent's recommendation.

One day, when tourist guide Yvette brought a tour group to the watch store, York approached her with an offer of $10,000 and discounts from his store in exchange for recommending his shop to her travel agent.  Tempted by the proposal, Yvette recommended York's shop to her travel agent for registration without thoroughly verifying its quality, pricing, or service standards.

Once York's shop became registered, Yvette frequently brought tour groups to patronise it.  To show appreciation for Yvette's assistance, York rewarded her with an additional $5,000.

Case Analysis

When recommending shop registration to the travel agent, tourist guides should consider product quality, pricing, and services to ensure customer satisfaction and preserve the travel agent’s reputation.  If any acceptance of advantage is involved, regardless of the recommendation’s outcome, it would constitute a corruption offence.  Yvette, as a tourist guide, is regarded as an agent.  Without the permission of her principal, i.e. her travel agent, she abused her official capacity by accepting money and shop discounts from York as an inducement to recommend the handbag shop for registration.  She might breach Section 9 of the Prevention of Bribery Ordinance (POBO) and York as the offeror of the bribe might also be liable for the offence.

Even if the travel agent did not eventually accept Yvette's recommendation to register the handbag shop, both Yvette and York might still commit an offence once an agreement to offer and accept a bribe is established, according to Section 11 of the POBO.  Furthermore, if Yvette arranged inbound tourists to patronise non-registered shops, she would also violate the “Directives for Licensees”.

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The cost of incentive

Timothy, a tourist guide, was assigned to guide inbound Mainland tour groups. When bringing tourists to visit the jewellery shop prescribed by his company, Timothy solicited extra rebates from the shop proprietor on top of the agreed rebate to the company.
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Timothy had been working as a tourist guide for a travel agent for nearly ten years.  All along, his company and several jewellery shops had agreed that the shops would rebate his company 10% of the total sales proceeds from tourists.  With the company’s expansion, Timothy was also assigned to guide inbound Mainland tour groups.  

One day, as usual, Timothy guided the tourists to the jewellery shop registered by his company.  After settling the tourists, he chatted with Tom, the shop’s proprietor.  Tom remarked that Mainland groups always brought him good profits.  In response, Timothy suggested that if Tom provided him personally with an additional 5% rebate on top of the 10% given to the company, it would give him higher incentive to promote Tom’s shop to the tourists.  He added that a tourist guide’s enthusiasm in promotion could significantly influence the tourists’ purchasing decisions.  Unable to bear the potential loss, Tom reluctantly succumbed to Timothy’s request.  To compensate for the extra commission, Tom began misleading tourists into purchasing newly launched brands, falsely claiming they were well-known models and selling them at inflated prices.

That evening after the tourists had returned to their hotel, Troy, the Mainland escort of the tour group, offered Timothy a red packet and hinted that it would bring him good luck and ensure their smooth cooperation in the future.  Thinking it was a “first-meeting gift”, Timothy accepted it gratefully.

Case Analysis

According to Section 9 of the Prevention of Bribery Ordinance (POBO), it is an offence for an employee to solicit or accept any advantage in relation to his official duty without the permission of his employer.  Timothy, as an employee of a travel agent, solicited and accepted an additional rebate from Tom without the permission of the travel agent while carrying out his duties.  Therefore, both Timothy and Tom might breach the POBO.

Tom should promptly report Timothy’s solicitation to the ICAC.  By misleading tourists into purchasing purported branded goods, Tom not only jeopardised his company’s reputation, but also put the integrity of Hong Kong’s tourism industry at risk.

According to Section 19 of the POBO, trade custom or practice does not constitute a defence for the offeror and the acceptor of an illegal advantage.  Timothy should adhere to the company’s policies regarding the acceptance of advantages to avoid engaging in illegal or unethical behaviour.  Despite his role as a Mainland tour escort, Troy should also comply with the POBO and other laws while escorting the group in Hong Kong.

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Heading for disaster

William, a restaurant owner, offered a handsome referral commission to his friend, a general manager of a travel agency, for getting into the travel agency’s approved list.
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William had emigrated to Malaysia for years and set up a restaurant in a renowned seafood centre there. At a recent travel trade exhibition held in Malaysia, William met his friend Patrick from Hong Kong. Patrick, a general manager of a Hong Kong travel agency, was responsible for designing itineraries for his company’s group tours. In order to secure Patrick’s assistance in putting his restaurant on the company’s approved list, William proposed giving Patrick $30,000 plus a further commission of $10 per head for future referral of tourists. William added that the money could be deposited in the bank account of Patrick’s wife to avoid any trouble.

Later, William’s restaurant was successfully included in the travel agency’s approved list upon Patrick’s recommendation. Soon after that, William deposited $30,000 into the bank account of Patrick’s wife.

Case Analysis

According to Section 9 of the Prevention of Bribery Ordinance (POBO), it would be an offence for Patrick, (an employee of the travel agency) without the approval of his employer, to accept advantages (i.e. $30,000 from William) for putting William’s restaurant into the company’s approved list.  William might also violate POBO by offering bribes.

Although the commission was deposited into the account of Patrick’s wife, Patrick might still commit a corruption offence.  Under the POBO, a person is considered to have accepted an advantage even if a third party receives the advantage on his behalf.

Moreover, it is important to note that it shall be an offence under the POBO if any act (including includes promising, agreeing, soliciting or accepting advantages without permission, etc.) of bribery takes place in Hong Kong.

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Good relations with complications

Janice was tasked to set up a consignment corner in a hotel for a travel agency. She called her brother-in-law to enquire whether his travel agency would be interested.
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Given the increasing demand of the hotel guests for local tour services, the hotel’s senior management decided to set up a consignment corner for a travel agency to deal with these requests. Janice, the hotel’s Marketing Manager, was assigned to the task.

It seemed only natural, therefore, for Janice to call Tommy, her brother-in-law, to enquire whether the travel agency he worked for would be interested.

In the midst of a recession, the performance of Tommy’s company had already been discouraging.

Hence, the pressure on Tommy, the Business Development Manager, to find a solution was intensified.  The prospect of winning the consignment corner came as a huge relief to Tommy.  He explained that this would save his career and urged Janice to grant the consignment contract to his travel agency. Believing that Tommy’s agency was as good as any other agencies and no one would discover their relationship, Janice made her decision easily.

A month later, as a token of gratitude, Tommy presented Janice a tour package to Hawaii as her birthday present.

Case Analysis

Considering the close relationship with her brother-in-law, Janice should have observed her company’s internal guidelines on declaration of conflict of interest and refrained from being involved in the granting of contract. Conflict of interest situations such as this, if not dealt with properly, may easily lead to corruption.

Under the Prevention of Bribery Ordinance (POBO), a tour package is an advantage. Janice might breach the POBO if she, without the permission of the hotel, accepted the tour package as a reward for granting the contract to Tommy’s agency.  In that case, Tommy might also breach the POBO for offering of bribe.

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Friendship goes first

Xenia, who worked for a travel agent, tried to help her friend, an airline sales representative, to secure business orders by marking up the air-ticket prices quoted by other airlines.
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Xenia was a staff member of the ticketing department of a travel agent.  Her close friend, Xaviera, worked in the sales department of an airline company.  Knowing that Xaviera was new and facing tremendous pressure to meet sales target, Xenia always encouraged her customers to purchase air tickets from Xaviera’s airline.

One day after Xaviera received a warning letter about her poor sales performance, she felt distressed and sought comfort from Xenia.  While supporting Xaviera, Xenia received a phone call from an insurance company requesting 50 air tickets for a corporate trip to a convention in Europe.   Xenia knew this would be a good opportunity to help Xaviera out of her predicament.  To secure the business, Xenia marked up prices from competing airlines when making quotations to the insurance company, steering the company toward Xaviera’s airline. As a result of the misleading pricing information provided by Xenia, the insurance company chose to book the tickets with Xaviera’s company.

Case Analysis

Although Xenia and Xaviera were good friends, their relationship conflicted with the company’s interest, placing Xenia in a conflict of interest situation.  She prioritised her personal relationship over professional integrity.  By recklessly marking up the prices of other airlines to aid the sales of Xaviera’s tickets, Xenia acted unfairly toward those airlines and jeopardised the credibility of her company.  If the truth was discovered, it may also lead to complaints from the airlines and clients.  Employees should avoid conflict of interest as far as possible and make timely declarations, strictly adhering to internal guidelines.  Otherwise, they may violate the company’s code of conduct or internal guidelines.

Xenia might commit fraud under Section 16A of the Theft Ordinance by overstating the prices offered by other airlines when submitting quotation to the client.  If Xenia, without the permission of her travel agent, abused her position to favour Xaviera while accepting advantages, she might also be liable under the Prevention of Bribery Ordinance.  On the other hand, by deceiving her client with inaccurate information, Xenia breached the trust her company and her client placed on her.  As an employee of the travel agent, Xenia should diligently fulfil her duties and exercise discretion fairly and transparently. 

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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
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[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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One False Move and the game is over

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[EN] One False Move and the game is over PDF document link: https://hkbedc.icac.hk/Upload/guides/55/pdf/f872dd716d5b43f9848283979aa80a96.pdf Word document link: https://hkbedc.icac.hk/Upload/guides/55/doc/80de65670f71439cbc4df9408e295777.docx Image link: https://hkbedc.icac.hk/cache/img/d2f41e9a0487c3e7ccc41e67e964e45a.jpg [ZH-HANT] 「一子錯滿盤皆落索」單張 PDF document link: https://hkbedc.icac.hk/Upload/guides/55/pdf/f3ea6dd60ec945d8aaeb35582dd982eb.pdf Word document link: https://hkbedc.icac.hk/Upload/guides/55/doc/63b9974631584641be73f8a21c5ced7a.doc Image link: https://hkbedc.icac.hk/cache/img/876a8b956edf549e7ac15e7bfa96791c.png [ZH-HANS] 「一子错满盘皆落索」单张 PDF document link: https://hkbedc.icac.hk/Upload/guides/55/pdf/f3ea6dd60ec945d8aaeb35582dd982eb.pdf Word document link: https://hkbedc.icac.hk/Upload/guides/55/doc/63b9974631584641be73f8a21c5ced7a.doc Image link: https://hkbedc.icac.hk/cache/img/876a8b956edf549e7ac15e7bfa96791c.png

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Survey Questions
1. In which country or region are you currently located?
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2. What type of organisation do you represent?
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3. What is the size of your organisation?
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4. What is your staff level or position?
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