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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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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A gift for a favour

As Lunar New Year approached, a tour guide Vincent bribed his travel agent's manager, Victor, with expensive gifts in hopes of securing high-spending tour groups for greater tips.
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As the Lunar New Year approached, Vincent, an experienced tour guide, expected many inbound tour groups would come and regarded this as a golden opportunity to earn tips from high-spending tourists.  Determined to maximise his earnings, he sought every opportunity to guide more tours.

Vincent carefully selected expensive dried seafood as a Lunar New Year gift for Victor, his travel agent’s manager.  He hoped Victor would give him preferential treatment and assign him to lead the high-spending customers when arranging tour groups so that he could earn more tips.

Recognising Vincent’s dedication and experience, Victor believed Vincent was the ideal person to guide these high-spending tours.  Moreover, he considered gifting during festive occasions was a normal social etiquette, so he did not see any issue with accepting Vincent’s gift.  However, Victor reminded Vincent that their conversation should be kept secret to avoid potential criticism.

Case Analysis

Dried seafood is an advantage under the Prevention of Bribery Ordinance (POBO).  If Victor, without obtaining the permission of his travel agent, accepted the gift from Vincent in exchange for preferential treatment in arranging the tour roster, Victor and Vincent might breach Section 9 of the POBO.  Even if Victor believed that Vincent was capable of leading high-spending tour groups and that acceptance of gift from Vincent would not influence his decision regarding the tour roster, it is no defence for Victor to accept the advantage. 

Additionally, 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.  Although the gift were given to Victor during a festive occasion, this was not a defence in court.  The court would only consider whether Victor obtained approval from his employer.

As a manager, Victor should refrain from accepting advantages from subordinates to avoid any perception of bias and to ensure he can carry out his supervisory duties impartially.

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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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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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Penny wise and pound foolish

Jasper, a sales associate, accepted red packets from customers in exchange for favorable prices, leading to neglect of those who didn’t give gifts and resulting in increasing complaints against him.
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Jasper worked as a sales associate for a renowned audio-visual equipment company for many years.  Through his expertise and friendly demeanor, he gradually established an extensive customer network.

Some customers hoped Jasper could sell products at a "favourable price". As a result, they started giving him red packets, hoping he would offer them lower prices.  They even asked for company gifts when their purchases did not meet the limit.  Jasper happily accepted these offers and believed that this would not only satisfy his customers and strengthen his relationships with them, but also help him meet his sales targets, ultimately benefiting the company.  It seemed like a win-win situation.

However, Jasper soon became indifferent to customers who did not provide red packets, and even deliberately neglected their requests, leading to a growing number of complaints against Jasper.

Case Analysis

As an employee of the company, Jasper is regarded as an agent under the Prevention of Bribery Ordinance (POBO).  Without the company’s permission, he accepted red packets from customers for abusing his official duties, which might breach Section 9 of the POBO.  Both the offeror and acceptor of the bribes are guilty of the offence.

A red packet is a kind of advantage.  Section 2 of the POBO states that advantages include fee, gift, loan, reward, commission, office, contract, service, favour, payment, and more.  However, entertainment which refers to food and drink consumed on the occasion is excluded.  In addition, there is no monetary limit for advantage.  Therefore, Jasper’s acceptance of these advantages might have violated the law regardless of the amount involved.

Retail staff should adhere to company guidelines when selling products and providing company gifts.  Otherwise, it may lead to customer dissatisfaction or complaints, negatively impacting the company’s reputation. 

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Storing up trouble

Ivan and Ian were employees of a department store and were involved in procurement functions. They were well acquainted with the suppliers and gambled together frequently. Now both of them were facing temptations from the suppliers…
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Ivan and Ian were employees at a department store.  Ivan worked as a merchandiser while Ian, the warehouse supervisor, verified the received goods and conducted regular stock takes.

They were well acquainted with most suppliers, particularly Mr. Wong and Mr. Au.  On weekends, Ivan and Ian enjoyed mahjong with their suppliers.  Although they were not good at the game, they often won a lot.

During a mahjong game, Ivan shared his concerns about the heavy financial burden of supporting his daughter, who was studying abroad.  At the same time, Ian expressed his struggles with negative equity on his assets.  Seizing the opportunity to ‘help’ Ivan and Ian while making extra money for themselves, Wong and Au proposed a scam to defraud the department store.  They suggested Ivan overstating the quantity of toiletries purchased from them, and Ian stamping the official receipt on the invoices purporting that the received quantities were accurate.  As a reward, Wong and Au promised to pay each of them a monthly commission of $10,000.

Case Analysis

It would be an offence under Section 9 of the Prevention of Bribery Ordinance (POBO) for Ivan and Ian, who were employees of the department store, to accept the advantage, i.e., the monthly commission of $10,000, offered by Wong and Au for assisting the latter in overstating the quantity of toiletries without the permission of their employer.  Wong and Au might also commit an offence by offering bribes.  Furthermore, by overstating the purchase orders and acknowledging the false receipt, both Ivan and Ian might breach Section 9(3) of the POBO, which forbids employees from using documents containing false, erroneous or defective information to deceive their employer.  They might also commit an offence of conspiracy to defraud.

Ivan and Ian should adhere to their company’s code of conduct on handling persons having business dealings with the company and avoid gambling with suppliers.  While Ivan and Ian might seem very lucky to win a lot during mahjong games with Wong and Au, frequently gambling together and winning excessive amount might portray the perception that Wong and Au were losing to them deliberately so as to pass benefits to Ivan and Ian in return for favour at work.

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The unspoken rule

Gloria, a regional manager of a chain retail store, repeatedly demanded gifts from her subordinates for favorable treatment, believing it fostered friendly relationships without recognising the ethical issues.
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Gloria, a regional manager for a chain retail store, was responsible for overseeing daily operations and staff management across multiple branches.  Her duties included handling employee transfers, approving leaves, and recommending promotions.

Gigi, a sales associate, revealed that over the past two years, Gloria had repeatedly demanded gifts from her subordinates, including luxury handbags and jewellery.  Gloria implied that only those who provided gifts would be considered for desirable positions, extended leave, or promotions.  As a result, many employees, including Gigi, felt pressured to comply to avoid jeopardising their careers.  Gloria viewed this practice as a usual way to foster friendly relationships with her subordinates and did not anticipate any problem with accepting gifts from them.

Case Analysis

Gloria might contravene Section 9 of the Prevention of Bribery Ordinance (POBO) if she, without the permission of her employer, the retail store, solicited and accepted gifts from subordinates for abusing her official duties to favour some staff members when arranging deployment, leaves or promotions.  Subordinates who offered the gifts might also commit an offence.

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 have the power, right or opportunity to do so, did not intend to do so, or did not in fact do so.  Hence, Gloria and the subordinates who offered the advantages might still breach the POBO even if Gloria did not in fact show favour to them in staff management and the purpose of the bribery had not been carried out.

It is important for supervisors and subordinates to maintain a positive working relationship.  However, supervisors must avoid blurring the lines between personal and official capacities by accepting gifts from subordinates.  This could make them feel obliged to return the favour and ultimately hinder their ability to fulfil necessary personnel management and supervisory responsibilities.  Gloria’s behaviour may attract criticism and dissatisfaction from other subordinates and colleagues, negatively impacting management effectiveness.  Additionally, it can undermine employee morale and create an undesirable culture.

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The opportunity cost

Frankie, a sneaker store manager, offered to reserve limited-edition sneakers for parallel goods trader Felix in exchange for a rebate.
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Frankie was a manager of a sneaker store for a well-known sports brand.  Recently, the brand released a highly anticipated limited-edition sneaker.  Only 1,000 pairs were produced worldwide, and Frankie’s store was only allocated two pairs per size for customers to purchase.

On launch day, fans and parallel goods traders flooded the store.  Felix, a regular parallel goods trader, informed Frankie that these sneakers could fetch up 8 times their retail price on the secondary market.  Tempted by the potential profit, Frankie began considering how to take advantage of this opportunity.

Despite the store’s policy which prohibited staff from reserving products for customers, Frankie proposed a deal to Felix.  Frankie offered to assist in reserving the limited-edition sneakers for Felix, and in return, Felix had to pay him a 30% cut of the resale profit as a rebate.  Felix gratefully accepted the offer.

Case Analysis

As an employee of the retail store, Frankie should always comply with the internal guidelines on product sale.  By taking this opportunity for personal gain, Frankie not only violated the internal guidelines but also breached the Prevention of Bribery Ordinance (POBO).  Frankie, as an agent, without the permission of the retail store, solicited and accepted rebates from Felix for reserving goods might violate Section 9 of the POBO.  Felix, as the offeror of the bribe, might also be guilty of the offence.

Retail staff should uphold integrity and perform their duties with high ethical standard.  Illegal behaviours ruin one’s career and create unfairness to other customers, ultimately damaging the company’s reputation.

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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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