Turning a blind eye

Lennon, a foreman of a landfill site, was struggling if he should turn a blind eye and let his friend to collect any valuable materials from the landfill, which was prohibited by the management…
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Turning a blind eye
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Lennon was a foreman working in the Hong Kong Harbour Engineering Company Limited which was a contractor carrying out the sanitary landfill and associated works at the Sai Kung Landfill.

One of the duties of Lennon was to evict gleaners from the landfill site as it was laid down very clearly that no salvage of any material within the site was permitted. There was a large sign displayed at the entrance of the site in both Chinese and English which could cause no misunderstanding.

Lennon had an old friend Gary who was unfortunately laid off a few months ago.  After much effort, Gary finally started a recycling business.  He approached Lennon one day asking to be allowed to send his men around to see what could be salvaged.  He promised that it would be done very discreetly and unobtrusively.  There were various arguments between the two. Gary doubted if Lennon would have anything to lose because he was merely lending a helping hand by turning a blind eye.  Gary stressed that it was all for a good cause, that environmental protection was the duty of every global citizen and that no real victims or suffering parties were involved.  Gary continued to persuade Lennon that the rules could always be bent a little bit.  The important thing was not to disturb the operation of the landfill.

Lennon thought to himself, “Should I help my old friend out?  He was an unfortunate guy.  Must I adhere to the rules laid down by the firm?  Gary was quite right.  What have I got to lose?  Why can’t I have a say in things as minor as these?  Maybe at the end of the day, I can still say I have evicted Gary’s people but not after they have had a chance to glean through the stuff a bit.  These practice was common in construction sites.”

Case Analysis

Lennon was facing an ethical dilemma that might put his personal values such as compassion, responsibility and honesty to challenge. On one hand, his turning a blind eye to allow Gary to collect materials from the landfill can help Gary overcome financial difficulties; on the other hand, he has to discharge his duties according to the work instructions.  In handling the situation, Lennon should identify the relevant facts and take stock of all stakeholders concerned. The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action for himself:

  1. Does his decision violate any professional, industry specific, or company code of conduct?
  2. Is his decision against the law?
  3. Does it correspond with his self-values such as honesty?
  4. Can he disclose the decision to others openly and honestly without misgivings?

The ETHICS PLUS ethical decision making model might be helpful for him in solving the dilemma.

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Sales incentive scheme

Jack was in a credit card sales team of a local bank. In order to meet sales target and win a handsome bonus, he used every means to persuade people to open a credit card account, disregarding any possible negative effects to the bank and the applicants.
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Jack was in a credit card sales team of a local bank which had a Sales Incentive Scheme.  If a salesperson successfully processed 300 credit cards a month, he would get a 5% commission.  Jack did not want to lag behind.  If he managed to keep the sales figure for 6 months, he would win a handsome bonus and his promotion prospect would be enhanced.  Therefore, Jack used every means to persuade people to open a credit card account in his bank.  On one hand, he abused people’s compassion by alleging that he could meet his quota only if they signed up the last application form for him.  On the other hand, he tried to increase his client-base by ringing up everyone he knew (including old friends, past schoolmates and teachers) and joining evening classes.  He even approached the college-mates of his young siblings even though they had limited financial resources.

By encouraging unsuitable applicants to apply for credit cards in order to meet sales targets, would Jack bring negative effects to the bank and the applicants?  Can he justify his behaviours without misgivings?

Case Analysis

Jack was facing an ethical dilemma that might put his personal values such as honesty, responsibility and compassion to challenge. In handling situation like this, Jack should identify the relevant facts and take stock of all stakeholders concerned. The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action:

  1. Any violation to his professional, industry specific, or company code of conduct?
  2. Is it against the Law?
  3. Does it correspond with his self-values such as responsibility, honesty, compassion, etc.?
  4. Can he disclose his decision to others openly and honestly without misgivings?

The ETHICS PLUS ethical decision making model might be helpful for him in solving his ethical dilemma.

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Difficult decision in purchasing

Edwin, the Assistant Purchasing Manager in a bank, was tasked to buy new printers for the computer centre. The sales representative offered Edwin a special commission if he agreed to buy a model that would soon be outdated.
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Edwin, the Assistant Purchasing Manager in a bank, was tasked to buy new printers for the computer centre.  He approached a sales representative whom he knew quite well.  The sales representative suggested Edwin a soon-be-outdated model which had a higher operating costs.  To sell out the old stock as soon as possible, the sales representative offered Edwin a special commission.  He persuaded Edwin that the bank would never know the truth as the new model would only come out several months after his purchase. Besides, the bank was able to afford the related high operating and maintenance costs. Edwin was tempted to make the purchase though it was against the bank’s best interest.  After all, he could pretend ignorance because buying printers involved technical knowledge which he lacked.

Would it violate any offence if Edwin accepted the commission?  What factors should he consider when facing the situation?

Case Analysis

Edwin might breach Section 9 of the Prevention of Bribery Ordinance (POBO) if he, as an employee of his bank, without the approval of his employer (i.e. the bank), accepted an advantage (i.e. special commission from the sales representative) for buying an obsolete printer model from the sales representative. The sales representative might also breach the same provision of the POBO for offering the bribe as an inducement to Edwin for abusing his authority at work. 

Edwin was facing an ethical dilemma that might put his personal values such as honesty and responsibility to challenge. In handling situation like this, Edwin should identify the relevant facts and take stock of all stakeholders concerned. The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action:

  1. Any violation to his professional, industry specific, or company code of conduct?
  2. Is it against the Law?
  3. Does it correspond with his self-values such as loyalty, honesty and responsibility?
  4. Can he disclose his decision to others openly and honestly without misgivings?

To uphold his professional ethics and avoid breaking the law, Edwin should say no to the sales representative’s offer and report the matter to the bank or the ICAC.  He could also refer to the ETHICS PLUS ethical decision making model for solving his ethical dilemma and choosing the best course of action.

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Release of insider information

Dicken, a financial controller of a listed company, intended to hint his best friend to acquire his company’s shares before public announcement; so that his friend could gain some profits to finance his medical treatment.
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Dicken was the financial controller of a publicly listed company, Good Men Investment Co. Ltd.  He was finalizing the share prospectus of his company.  Lawrence was Dicken’s best friend.  Their friendship dated back when they were in the same university and worked for the same CPA firm immediately after graduation.

Having a chronic illness which required expensive long-term treatment, Lawrence had also been suffering from financial difficulties.  Dicken felt very sorry about Lawrence’s situation.  Knowing that there would be a sharp rise of Good Men’s shares, Dicken intended to drop a hint to Lawrence to acquire the shares of Good Men from the market before the public announcement.  Dicken understood his action was insider dealing but he convinced himself that he was in good intention.  He thought that this case could be an exception considering the sad plight of Lawrence.

Should Dicken help Lawrence? Are there any other alternatives?

Case Analysis

The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action:

  1. Any violation to his professional, industry specific or company code of conduct?
  2. Is it against the Law?
  3. Does it correspond with his self-values such as honesty, compassion and responsibility?
  4. Can he disclose his decision to others openly and honestly without misgivings?

Dicken could refer to the ETHICS PLUS ethical decision making model for solving his dilemma.

As far as professional conduct is concerned, Dicken, as a professional accountant, should observe the fundamental principles of integrity, confidentiality and professional behavior when carrying out his duties as a professional accountant. He might have breached the Code of Ethics for Professional Accountants for using confidential information for personal gain or for the financial gain of others. 

For legal compliance, Dicken might breach the Securities and Futures Ordinance if he, as a senior management of the listed company, had intentionally, recklessly or negligently disclosed unpublished price-sensitive information to Lawrence for the latter to deal in the company’s shares.

Dicken was regarded as an insider under the law because he was a person who, being the financial controller of Good Men Investment Co. Ltd, had access to and knowledge of certain information relating to the company which the public did not have and would have an impact on the price of the company’s shares. 

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Padded expense accounts

Leonard, an accounting manager of a listed company, discovered that a number of senior management included padded travel expenses in the vouchers. But they thought this was additional fringe benefit. What should Leonard do?
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Leonard was an accounting manager of a listed company. After returning from a regional meeting, company’s department heads filed their expense vouchers.  Nothing was out of the ordinary except that one new department head, Cain, submitted a voucher for $6,000 less than the others.  Someone in the accounting department thought that this was strange as everyone used the same transportation and stayed at the same hotel.  But Leonard who had worked in the company for long enough knew that padding travel expenses was not uncommon.  Some of the vice-presidents even joked about it as being an additional fringe benefit.  However, the company policy clearly stated that such cases were strictly prohibited and that violators would face demotion or termination.  It’s Leonard’s job to decide how to enforce the policy.

What should Leonard do?  Should he suggest Cain following the others and amending the claims?  Should he take serious action against all the others?  Should he issue reminders to all staff to reiterate the company policy?

Case Analysis

Leonard could refer to the ETHICS PLUS ethical decision making model in solving his ethical dilemma at work. The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action:

  1. Any violation to his professional, industry specific, or company code of conduct?
  2. Is it against the Law?
  3. Does it correspond with his self-values such as responsibility, fairness and honesty?
  4. Can he disclose his decision to others openly and honestly without misgivings?

As far as professional conduct is concerned, Leonard should observe the fundamental principles of integrity, professional competence and professional behavior and comply with the Code of Ethics for Professional Accountants (HKICPA Code) when carrying out his duties as the accounting manager.  As the company policy stated very clearly that padding travel expenses was strictly prohibited, he should perform a guardian role and report any non-compliance to the management. He shall discuss with his immediate superior or a higher authority in the company, take appropriate steps to rectify or mitigate the consequences of the non-compliance, and decide whether it should be disclosed to the external auditor.

Moreover, it is an offence under Section 9(3) of the Prevention of Bribery Ordinance (POBO) for any employee to use false documents / receipts / account records with an intention to deceive the employer.  Customary behavior or ignorance of law is no defence. Department heads might have committed the above offence for using false expense vouchers and invoices to deceive the company. They might also have committed a criminal offence of deception contrary to Section 17 of the Theft Ordinance.

Professional accountants have a guardian role in safeguarding the governance of the company and protect the interests of different stakeholders. They should take remedial actions to help the company foster an ethical culture and enforce any related policies.

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"Integrity Protector" Pamphlet for Insurance Practitioners

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"Integrity Protector" Pamphlet for Insurance Practitioners
Import Data

[EN] "Integrity Protector" Pamphlet for Insurance Practitioners https://hkbedc.icac.hk/insurance/files/leaflet_en.pdf Please use the image at the left [ZH-HANT] 「誠信保」保險從業員單張 https://hkbedc.icac.hk/insurance/files/leaflet_tc.pdf Please use the image at the left [ZH-HANS] 「诚信保」保险从业员单张 https://hkbedc.icac.hk/insurance/files/leaflet_tc.pdf Please use the image at the left

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