"Corruption Doesn't Pay - Say NO to Illegal referral fees and rebates" Construction Poster

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"Corruption Doesn't Pay - Say NO to Illegal referral fees and rebates" Construction Poster
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[EN] "Corruption Doesn't Pay - Say NO to Illegal referral fees and rebates" Construction Poster https://hkbedc.icac.hk/Upload/guides/95/pdf/88240c843df14b4085d8d68b7a918f03.pdf Image link: https://hkbedc.icac.hk/cache/img/93966e6f065ed507a080541c0d35fb43.jpg [ZH-HANT] 「貪污舞弊 難保生計」建造業宣傳海報 https://hkbedc.icac.hk/Upload/guides/95/pdf/88240c843df14b4085d8d68b7a918f03.pdf Image link: https://hkbedc.icac.hk/cache/img/93966e6f065ed507a080541c0d35fb43.jpg [ZH-HANS] 「贪污舞弊 难保生计」建造业宣传海报 https://hkbedc.icac.hk/Upload/guides/95/pdf/88240c843df14b4085d8d68b7a918f03.pdf Image link: https://hkbedc.icac.hk/cache/img/93966e6f065ed507a080541c0d35fb43.jpg

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"Corruption Doesn't Pay - Say NO to Illegal referral fees and rebates" Construction Pamphlet

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"Corruption Doesn't Pay - Say NO to Illegal referral fees and rebates" Construction Pamphlet
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[EN] "Corruption Doesn't Pay - Say NO to Illegal referral fees and rebates" Construction Pamphlet https://hkbedc.icac.hk/Upload/guides/96/pdf/5cb3af85fefc4ed6a7ebd7c757300690.pdf Image link: https://hkbedc.icac.hk/cache/img/419407eb51f02552102a7280f4caf067.jpg [ZH-HANT] 「貪污舞弊 難保生計」建造業宣傳單張 https://hkbedc.icac.hk/Upload/guides/96/pdf/6d056d7f698a4cfb9a91091cd7b0e808.pdf Image link: https://hkbedc.icac.hk/cache/img/608e79f3da1ebc63f396cd3d132c4341.jpg [ZH-HANS] 「贪污舞弊 难保生计」建造业宣传单张 https://hkbedc.icac.hk/Upload/guides/96/pdf/6d056d7f698a4cfb9a91091cd7b0e808.pdf Image link: https://hkbedc.icac.hk/cache/img/608e79f3da1ebc63f396cd3d132c4341.jpg

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“Corruption doesn’t pay” Poster - Catering Industry

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[EN] “Corruption doesn’t pay” Poster - Catering Industry https://hkbedc.icac.hk/Upload/guides/49/pdf/bea33bfc69ce4db1b4245225bec03f52.pdf Image link: https://hkbedc.icac.hk/cache/img/03f9fd68fa2b9b4436a296a2ff958120.jpg [ZH-HANT] 「謝絕回佣」海報 - 餐飲業https://hkbedc.icac.hk/Upload/guides/49/pdf/bea33bfc69ce4db1b4245225bec03f52.pdf Image link: https://hkbedc.icac.hk/cache/img/03f9fd68fa2b9b4436a296a2ff958120.jpg [ZH-HANS] 「谢绝回佣」海报 - 餐饮业https://hkbedc.icac.hk/Upload/guides/49/pdf/bea33bfc69ce4db1b4245225bec03f52.pdf Image link: https://hkbedc.icac.hk/cache/img/03f9fd68fa2b9b4436a296a2ff958120.jpg

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“Corruption - Point of No Return" Poster - Hotel Industry

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[EN] “Corruption - Point of No Return" Poster - Hotel Industry https://hkbedc.icac.hk/Upload/guides/47/pdf/9575b36357df4577aab12fe7814fbe77.pdf Image link: https://hkbedc.icac.hk/cache/img/3a33a583014eb96d6dad582d9db42234.jpg [ZH-HANT] 「貪污˙令你一沉不起」海報 - 酒店業 https://hkbedc.icac.hk/Upload/guides/47/pdf/9575b36357df4577aab12fe7814fbe77.pdf Image link: https://hkbedc.icac.hk/cache/img/3a33a583014eb96d6dad582d9db42234.jpg [ZH-HANS] 「贪污˙令你一沉不起」海报 - 酒店业 https://hkbedc.icac.hk/Upload/guides/47/pdf/9575b36357df4577aab12fe7814fbe77.pdf Image link: https://hkbedc.icac.hk/cache/img/3a33a583014eb96d6dad582d9db42234.jpg

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“Corruption - Point of No Return" Poster - Catering Industry

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[EN] “Corruption - Point of No Return" Poster - Catering Industry https://hkbedc.icac.hk/Upload/guides/46/pdf/d1ef13ecd9b24b888fb3606d591830ac.pdf Image link: https://hkbedc.icac.hk/cache/img/0e64cc41cd869c2718b8c1b8b0a8ddc0.jpg [ZH-HANT] 「貪污˙令你一沉不起」海報 - 餐飲業https://hkbedc.icac.hk/Upload/guides/46/pdf/d1ef13ecd9b24b888fb3606d591830ac.pdf Image link: https://hkbedc.icac.hk/cache/img/0e64cc41cd869c2718b8c1b8b0a8ddc0.jpg [ZH-HANS] 「贪污˙令你一沉不起」海报 - 餐饮业https://hkbedc.icac.hk/Upload/guides/46/pdf/d1ef13ecd9b24b888fb3606d591830ac.pdf Image link: https://hkbedc.icac.hk/cache/img/0e64cc41cd869c2718b8c1b8b0a8ddc0.jpg

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Report Corruption

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Corruption Prevention Leaflet

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Soliciting loans from a supplier

A senior merchandiser of a herbal tea manufacturing company was in desperate need of money. He tried to solicit loans from a supplier. But the supplier refused and reported the matter to the manufacturing company.
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A herbal tea manufacturing company sourced its raw materials from various Mainland suppliers. Mr Fong, a senior merchandiser of the company, was responsible for purchasing herbal materials and inventory control.

Recently, Mr Fong who had experienced financial difficulties was in desperate need of money.  He sent several text messages to a Mainland herbal supplier to solicit a loan of RMB60,000. Mr Fong suggested to the supplier that more purchase orders would be placed if the supplier deposited the money into his wife’s bank account in Hong Kong. The supplier made no response to the request. Shortly after, Mr Fong sent another text message to the supplier asking for another loan of RMB30,000 and threatened to cut the purchase orders if it was not granted. The supplier did not agree to his request, as it amounted to solicitation of bribes. The supplier then reported the matter to the management of the herbal tea manufacturer. In view of the severity of the matter and having no tolerance for solicitation of bribes by its staff, the management of the herbal tea manufacturer immediately reported the case to the ICAC.

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Soliciting bribes from overseas companies is also subject to prosecution

Though the supplier, from which Mr Fong solicited bribes, was outside Hong Kong, Mr Fong might still commit an offence of soliciting an advantage under Section 9 of the Prevention of Bribery Ordinance (POBO) as he sent text messages requesting for loans to be deposited into his wife’s bank account in Hong Kong in return for placing more orders.

Businesspersons should be aware that the POBO can apply when part of the corrupt act, e.g. promising, agreeing, soliciting or accepting advantages without permission, takes place in Hong Kong.

Accepting bribes, whether directly or indirectly, is against the law

Loan is considered an advantage under the POBO. Accepting bribes regardless of whether the advantage is directly given to the acceptor or indirectly delivered to a third party is still against the law. In the case study, if the Mainland herbal supplier agreed to deposit the loans into Mr Fong’s wife’s bank account in Hong Kong, as long as it was proven that the receiving account was controlled by Mr Fong or that he was the ultimate beneficiary, Mr Fong would be considered as having accepted the advantage.

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Abandoning integrity for personal advantages

Bill and Anna, were estate agents of the same agency. Bill stole Anna’s chance to sell the property to a client at a lower price and then tried to re-sell it to Anna’s client at a higher price.
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Mrs Mo, a flat owner, commissioned an estate agency as the sole agent for the sale of a shop premises priced at $13.6 million. The company assigned Anna and Bill to take care of the matter.

One day, Anna found a buyer who offered to buy the premises for $14 million. As Anna could not reach Mrs Mo at that moment and had to leave office for an urgent meeting, she asked Bill to contact Mrs Mo. When Bill contacted Mrs Mo, he told her that a buyer had offered $12.8 million for the premises. Bill eventually persuaded Mrs Mo to accept the offer and sign a provisional sale and purchase agreement.

The next day, Bill told Anna that the shop premises had been sold to his client Mr Sung who was willing to re-sell the premises to Anna’s original buyer as a confirmor. Sensing something was suspicious, Anna reported to her supervisor that Bill might have breached the company’s code of practice by showing favour to Mr Sung to sell him the premises at a lower price.

While the estate agency conducted an internal investigation, Bill begged Anna to falsely claim that she had only met the original buyer who made the $14 million offer after the provisional sale and purchase agreement had been signed. Anna immediately refused.

In fact, the whole situation happened because Bill did not want to share the commission equally with Anna. Instead of co-operating with Anna, he wanted to handle the transaction alone. He thus sought assistance from his friend Mr Sung in buying the shop at a lower price and then re-selling it as a confirmor to Anna’s original buyer at a higher price. Through this way, Bill not only could receive more than $50,000 commission from both the buyer and seller, he could also share the profits from the price difference with Mr Sung. The estate agency refused to pay Bill the commission and reported the situation to the ICAC.

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It might seem that Bill was being clever, but actually he was being foolish. He committed a criminal offence of fraud under the Theft Ordinance and seriously undermined professional ethics by disregarding the interests of his clients. 

Bill’s unethical behaviour breached the Code of Ethics promulgated by the Estate Agents Authority. His failure to observe and comply with the law and the Code of Ethics might render him not being a fit and proper person under the Estate Agents Ordinance to hold license and disciplinary action might be taken against him.

On the other hand, the management of the estate agency showed zero tolerance for such malpractices by treating Anna’s complaint seriously and taking action against Bill’s unethical and illegal behaviour. Its integrity management enabled staff to understand clearly the ethical standards the company required of them and whistle-blow any misconduct in confidence. This could deter staff from further unethical behaviour. It could also attract and help retain ethical employees, thus helping the company to earn greater profits and goodwill in a long run.

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