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.

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.