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Corruption Risks

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Integrity Training

The Private Sector Integrity Centre (PSIC) offers free anti-corruption and integrity training to help airline companies build an ethical corporate culture and prevent corruption and fraud.  

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Tourism

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introduction

Hong Kong, a vibrant and cosmopolitan city, has long been known for its unique blend of culture, commerce, and hospitality.  The influx of tourists drives up demand for local businesses’ services and products, creating jobs and increasing revenues.  It also keeps the economy thriving.  As the tourism landscape continues to evolve, it is paramount for different stakeholders, including airlines, hotels and travel agents, to embrace the highest standards of integrity and professionalism.  By promoting ethical practices and delivering exceptional services, we can foster trust and confidence among our visitors, ensuring that Hong Kong remains a desirable destination for years to come.

The Private Sector Integrity Centre (PSIC) offers free anti-corruption and integrity training to help tourism practitioners remain vigilant against corruption risks and uphold high integrity standards.  We also provide free corruption prevention advisory services and practical resources to help companies in strengthening safeguards and fostering an ethical culture.

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The marketing game

William, a ticketing officer of a travel agent, took advantage of high demand for discounted air tickets by offering priority access to select customers for bribes, while recommending others to higher-priced options.
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The marketing game
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Summer holiday was a peak season for travelling.  There was a high demand for air tickets, especially the discounted offers with limited supply.

William, a ticketing officer of a travel agent, was inundated with inquiries about discounted air tickets.  Because of the high demand for discounted air tickets, William saw it as a good opportunity to make up for his recent credit card payment.  William secretly contacted several regular customers, informing them about the upcoming special offers.  He implied rewarding him would grant them priority access to these limited discounted tickets.  Without much deliberation, several customers agreed to pay William $500 as a reward and successfully purchased the discounted tickets.  For other customers, William recommended high-fare tickets so that he could reserve low-fare tickets to the regular customers.

Case Analysis

William, as a ticketing officer of a travel agent, without obtaining permission from his employer, solicited and accepted advantages from customers for prioritising the sale of discounted tickets to them.  Both William and the clients who offered the advantages might contravene Section 9 of the Prevention of Bribery Ordinance (POBO).

Employees of travel agents should always handle customer requests impartially.  William disclosed the upcoming special offers of air tickets to several regular customers while intentionally recommending high-fare tickets to others.  Such an act breached professional integrity and negatively impacted the reputation of the travel agent.  If employees accept advantages to provide preferential treatment, it creates dissatisfaction or complaints from other customers and constitutes a violation of the POBO.

On the other hand, William should exercise prudent financial management and avoid risking his position due to debt, as this could lead to criminal offences. William’s illegal acts could be attributed to his poor financial management, which made him susceptible to financial temptations.  Ultimately, he resorted to taking risks to alleviate his financial burdens.  Employees should always exercise financial prudence to prevent falling into corruption traps.

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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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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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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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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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Friendship goes first
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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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Under-the-table

Sally, a procurement officer at an airline, intentionally concealed her friendship with Susan, the owner of a cleaning service company, to help her secure contracts and suggested inflating service fees for personal gain.
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Sally worked in the procurement department of an airline company and was responsible for procuring cabin cleaning services.  Her high school friend, Susan, owned a cleaning service company that was struggling financially.  Upon learning about Susan's difficulties, Sally proactively offered to help her secure cleaning service contracts with the airline.  Sally even suggested that Susan could slightly inflate the service fees and share the excess with her as a reward for her assistance in obtaining the contracts.

According to the procurement regulations of the airline company, procurement staff members must declare any conflicts of interest with contractors.  Putting her own interest before the company, Sally decided to conceal her relationship with Susan and assist her in obtaining the procurement contract.  When submitting the conflict of interest declaration form, Sally falsely claimed she had no conflict of interest in the procurement process.

Case Analysis

Sally, a purchasing staff member of an airline company, made use of her office to ask the supplier to inflate the service fee and accepted advantages from the supplier as a reward for assisting the latter in obtaining the cleaning service contract without obtaining the approval of the airline company.  Both Sally and Susan might violate Section 9 of the Prevention of Bribery Ordinance (POBO).

By inviting Susan to submit a bid for the tendering exercise, Sally found herself in a conflict of interest situation.  Sally intentionally concealed the conflict of interest and made false statements on the conflict of interest declaration form to deceive her company, which might also commit Section 9(3) of the POBO or other fraudulent offences.  If fraudulent acts are involved to conceal conflicts for personal gain or to benefit acquaintances, it may lead to other criminal offences such as deception, fraud, false accounting, etc.

Employees must adhere to the company’s guidelines and procedures when conducting procurement and tendering exercises, including the guidelines on handling conflicts of interest.  Employees should avoid conflict of interest as far as possible and make timely declaration strictly following the internal guidelines.  Otherwise, they may violate the company’s code of conduct or internal policies.

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Christmas deal

Rachel, a customer service officer, treated her supervisor Rosanne to dinner and gifted her concert tickets to persuade her to avoid scheduling night shifts during the peak Christmas travel period.
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Rachel, a customer service officer at an airline company, was well aware that Christmas was a peak travel period and that she was likely to be assigned night shifts during the season.  Rachel then  privately treated her supervisor, Rosanne, who was responsible for arranging the staff duty roster, to dinner to pre-celebrate Christmas at a decent restaurant.

During dinner, Rachel gifted Rosanne with two concert tickets of an idol she knew Rosanne was interested in as a Christmas present, claiming these tickets were a gift from a friend.  She then asked Rosanne if she could avoid scheduling her for night shifts during Christmas when arranging the duty roster.  Rosanne felt hesitant about this, but Rachel repeatedly assured her that no one would know about their arrangement as long as they kept it as a secret.  Rachel also emphasised that concert tickets were not cash and that accepting them would not violate any laws.

Case Analysis

Concert tickets are advantages under the Prevention of Bribery Ordinance (POBO).  If Rosanne, without obtaining the permission of her airline company, accepted the concert tickets from Rachel for providing preferential treatment in arranging the duty roster, both Rosanne and Rachel might breach Section 9 of the POBO.

According to Section 19 of the POBO, trade custom or practice does not serve as a defence for the offeror and the acceptor of an advantage.  Although the tickets were gifts given to the supervisor during Christmas, this would not be a defence in court.  The court would only consider whether Rosanne obtained the approval from her principal when accepting the concert tickets.

As a managerial staff, Rosanne should not accept advantages or entertainment that are excessive or frequent from subordinates to prevent any perception of bias and to ensure she can carry out her supervisory duties impartially.

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Unexpected windfall

Owing to frequent overseas trips to source products, Queenie, a trade company owner, approached her friend Quinton, who worked as a ground staff for an airline company, hoping he could use his employee benefits to purchase cheaper tickets for her.
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Queenie owned a trading company and her frequent overseas trips to source products had made airfare a significant operational expense.  One day, she approached her friend Quinton, who worked as a ground staff for an airline company, hoping he could use his employee benefits to purchase cheaper tickets for her.  In return, she promised to pay him 30% of the price difference as commissions.

Quinton, facing financial difficulties due to failed investments, saw this as an opportunity to earn extra money and alleviate his financial pressure.  He also did not want to jeopardise his friendship with Queenie.  Quinton quickly agreed to Queenie’s request.  Subsequently, Quinton nominated Queenie as his travel companion for trips to Europe, using his employee discount to purchase multiple flight tickets for her.

Case Analysis

Airline staff should stand firm in resisting temptations.  Quinton, a staff member of an airline company, is regarded as an agent.  If he, without the permission of his principal, i.e. the airline company, accepted advantages for abusing his staff privilege of nominating Queenie as a travel companion, he might contravene Section 9 of the Prevention of Bribery Ordinance (POBO).  Queenie, who offered the advantage, might also be guilty of an offence under the POBO.  Quinton should adhere to the company guidelines regarding the nomination of travel companions and not abuse his staff privilege for personal gain.

Quinton’s illegal acts could be attributed to his investment failure and poor financial management, which made him susceptible to financial temptations.  Ultimately, he resorted to taking risks to alleviate his financial burdens.  Employees should always exercise financial prudence and avoid engaging in high-risk investments or gambling activities to prevent falling into corruption traps.

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Plan falls through

The proprietor of a forwarding company offered advantages to Patrick, a freight manager of an airfreight company, for securing cargo space during peak seasons. However, a strike broke out before Patrick took action.
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Plan falls through
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Patrick, a freight manager of an airfreight company, was responsible for handling freight reservations made by forwarding companies. He became closely acquainted with Paul, the proprietor of a forwarding company.  Paul often treated Patrick to dinners at luxurious restaurants and they sometimes spent weekends playing golf together.  Because of their close relationship, Paul was confident he could always rely on Patrick for sufficient cargo space.

About a month before the Easter holiday, Paul invited Patrick to a golf trip and covered all the expenses to win him over.  During the trip, Paul casually mentioned that he had received many forwarding orders to transport goods to Europe and expected Patrick’s “usual support” regarding allocation of cargo space.  He also hinted that he would not take Patrick’s assistance for granted and would reciprocate with a 5% rebate on the freight charges.

However, shortly after the golf trip, a labour strike occurred at several airports in Europe, and Patrick’s boss took charge of the company’s contingency plan for cargo allocation.  As a result, Patrick was unable to assist Paul.

Case Analysis

Rebates are considered advantages under the Prevention of Bribery Ordinance (POBO).  Patrick might breach Section 9 of the POBO since he accepted advantages from Paul, i.e. free golf trip and the 5% rebate of the freight charges, without obtaining permission from his principal, i.e. the airfreight company, as an inducement for reserving extra cargo space for Paul.  Paul might also breach the POBO as the offeror of the bribe.

Even though Patrick could not allocate the cargo space to Paul, the corruption offence was still pursuable under the law.  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.

Although “entertainment” is not an “advantage” under the POBO, it can be a “sweetener” in a corrupt dealing.  Therefore, Patrick should adhere to the company’s code of conduct regarding the acceptance of entertainment from business clients.  He should also decline invitations to meals or entertainment that are excessive in nature or frequency while conducting official duties to avoid any conflict of interest.

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