Tipping off about the sack

The boss wanted to replace Anthony who was Edmond’s friend and colleague. Edmond wanted to tell Anthony the news in advance so that Anthony could get himself prepared.
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Edmond introduced his friend Anthony to work under his wing in a small I.T. company.  Felix, the company boss, had complained to Edmond for several months about Anthony’s work performance.  Anthony’s procrastination and being unnecessarily thorough was well-known in the company.  Felix just managed to tolerate the situation because he did not want to upset Edmond who brought large profits to the company.  Felix also told Edmond in confidence that Anthony was not the person whom the company needed and could be replaced by someone who was more efficient and yet cheaper.

As a friend, Edmond wondered if he should personally warn Anthony in advance so that Anthony could get prepared.  If Felix was right, terminating Anthony might be for the best interest of the company as well as for Edmond to maintain a good relationship with Felix.  On the other hand, leaking out the news in advance might also damage Felix’s trust and affect staff morale.

To tell Anthony or not to tell Anthony? That was the question worrying Edmond!

Case Analysis

Edmond was facing an ethical dilemma that might put his personal values such as honesty, responsibility and compassion to challenge. In handling the situation, Edmond 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 honesty, responsibility and compassion?
  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 this ethical.

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A long shot: facing temptation

Customer Services Officer Tony and part-time phone salesman Curtis worked in the same team in a telephone company. Knowing that Tony was keen at golfing, Curtis offered to fix a golf club membership for Tony if Tony released clients’ personal information…
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Tony was a Customer Services Officer of a telephone company.  He tried his best in whatever he was assigned to do.  Very soon, he made a name for himself as a hardworking and responsible young officer.  Soon he got to know a lot of people working in his section.  One of them was Curtis.

Curtis was a part-time phone salesman working with Tony in the same team.  He had contacts everywhere and could gain entry to many exclusive clubs.  He treated Tony to dinners in the evenings, and sometimes even golf trips across the border on Sundays.

Tony picked up golf eagerly. He loved the greens and enjoyed the leisurely pace of the sport.  What was more was the pride of being among the well-to-dos in town.  He wished he had his own golf-membership but he knew it was almost impossible, given his present income and connections.

Curtis could guess what was on Tony's mind and told him, “If you release the personal information of your clients to me, I can fix a membership for you.  You have easy access to the computer records and this should not be a problem.”

Tony knew very well that Curtis would misuse these clients’ personal information for illegal gains.  He did not wish to be part of any scam.  But he could not resist the temptation of the golf membership. It would be decades before he could secure one on his own merits and earnings.  Perhaps it would not be difficult to find another colleague who also had access to the data to be the scapegoat.  Dinner and entertainment by Curtis also flashed across his mind.  Tony began to waver.  Should he say ‘yes’ to Curtis?

Case Analysis

Under Section 9(1) of the Prevention of Bribery Ordinance, it would be an offence if Tony (an employee), without the approval of his employer (the telephone company), accepted an advantage from Curtis for leaking out clients’ personal data. 

According to Section 2 of the POBO, advantage means any gift, loan, fee, reward or commission, employment, contract, service, favour, payment, release or discharge of loan or liability, etc.  Therefore, a golf club membership offered by Curtis can be regarded as an advantage.

Curtis might also violate Section 9(2) of POBO for offering bribes for the same purpose.

Furthermore, Tony and his company might breach the Personal Data (Privacy) Ordinance for disclosure of personal data of his clients with an intent to obtain gain or cause loss to the company’s clients or failed to protect the personal data of their clients.

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Repaying a good turn

Two young engineers opened a start-up with their friends but now wanted to leave. For the start-up to survive, the engineers were asked by the friends to add the start-up into their company’s contractor list…
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Tom and Jerry were mechanical engineers of the Clark Gable Company Ltd (CG Co).  The two were the same batch and had been with the company for only a short time.  Recently, due to the re-organisation of the firm, some people would be laid off.   Mechanical engineering work would then be vested with a larger company, the Rock Hudson  Ltd.  The first ones to go would be those who came last and thus Tom and Jerry's jobs would be in jeopardy.

Tom tried to find a way out for the two of them.   They persuaded two friends, Sam and Tim who had similar training and background, to set up an engineering company called the Catch All Engineering Ltd (CAE).  This would serve as a fallback in case they were really sacked.

Shortly after CAE was set up, the bad news released.   Tom and Jerry were given notice to leave CG Co but, to their great surprise, Rock Hudson Ltd., which had taken over CG Co, offered to employ them to undertake their old duties.

Both of them were overjoyed.  But then they had another problem.  The two would have no more time to take care of matters related to CAE.

So one evening Tom and Jerry treated Sam and Tim to a sumptuous meal and told them that they could no longer share the business with them. Sam and Tim were outraged.  They reprimanded Tom and Jerry for making use of them in the first place and then leaving them in the lurch.  Trying to find a way out, Tim then made a proposal to Tom and Jerry.

Rock Hudson, as a major company, could provide many work opportunities.  The only thing that had to be done was to get CAE on their approved list of contractors.  Tom and Jerry could try to arrange that in whatever way possible.  After all, CAE provided quality service and it had to survive.

Tom and Jerry were in a quandary. They counted themselves most fortunate to be still in employment and with an even larger company. And they wished they could help their friends out.  Should they agree to add CAE to the approved list no matter what and no matter how?  It would do Rock Hudson no harm anyway.

What would happen if they refused?  Would they be indebted to Sam and Tim for the rest of their lives?  How should they handle that?

Case Analysis

Tom and Jerry were facing an ethical dilemma that might put their personal values such as fairness and honesty to challenge. On one hand, they felt obliged to help Sam and Tim out as they were lured into setting up a company upon invitation; on the other hand, it might jeopardise their career if Tom and Jerry tried to put the company on the approved list of contractors without going through proper procedures.  In handling the situation, they 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 themselves:

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

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

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Using office resources for private business

Eva, a fixed-term contract staff member in a large company, worked efficiently and usually finished her assignments before deadlines. To secure future income, she explored developing her side-business by using the company’s resources.
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Eva was a clever and efficient staff member working on a fixed-term contract in a large firm.  She could easily complete her assignments before the deadlines; but she preferred not letting other colleagues know about that because she did not want extra workload given to her and making other colleagues look less capable.  Being a fixed-term contract staff member, she understood that she would leave the firm at the end of the contract.  Hoping to make her mark one day and to secure future income, she was thinking the possibility of developing her side-business during the office hours by using the firm’s resources while pretending working on certain projects in the office. 

Eva thought to herself: it was not her fault that she was more efficient and capable than other colleagues.  She was only a fixed-term contract staff member and would leave the firm one day.  She needed to prepare herself for the future.

Was that justified for Eva’s secret plan?  What about the interest of the firm?  What factors does Eva need to consider before taking her course of action?

Case Analysis

Eva was facing an ethical dilemma that might put her personal values such as loyalty, responsibility and honesty to challenge. In handling the situation, Eva 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 violations to her professional, industry specific, or company code of conduct.
  2. Is it against the Law?
  3. Does it correspond with her self-values such as loyalty, responsibility and honesty?
  4. Can she disclose her decision to others openly and honestly without misgivings?

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

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Partial prudence

Felix, a production manager, had two assistants, Gigi and Gordon. While Felix went easy on Gigi’s alleged forged overtime claims because she was a relative of the general manager, Felix treated Gordon more strictly.
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Felix, a production manager of a large toy factory, had two assistants, Gigi and Gordon.  Gigi was the favourite because she was a young charming lady and also a cousin of the General Manager while Gordon was not because he was brash and sometimes outright insolent.  They were both responsible for handling the overtime claims for workers on the toy production.  The Finance Department had complained to Felix a few times about Gigi and raised queries over some overtime claims forwarded by Gigi.  There were widespread rumours that Gigi might have overstated the overtime hours and even forged claims by using ghost workers.  Yet, Felix could not bring himself to ask Gigi for explanations but went easy on her by telling her to be more ‘prudent’ when handling the overtime claims in the future.  On the other hand, the Finance Department contacted Felix again but this time was about Gordon.  They had questions about some discrepancies on the hours of the overtime claims forwarded by Gordon.  However, Felix treated Gordon more strictly and was much firmer on the occasion.

Was Felix being equally fair to his assistants when handling the queries from the Finance Department?  Would it upset the General Manager if Felix was not kind to Gigi at work, which in return affected Felix’s work prospect?  How would it affect his professional image in the eyes of other colleagues?

Case Analysis

Felix was facing an ethical dilemma that might put his personal values such as fairness, responsibility and honesty to challenge. In handling the situation, Felix 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 fairness, responsibility and honesty?
  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 the dilemma.

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Leakage of confidential information to former colleague

An inspector in a government department copied records from the database of his department and sent them to his former colleague who owned a consultancy company for touting businesses.
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One day at dinner time, an inspector of a government department was chatting with a former colleague who owned a consultancy company.  During the meeting, the inspector mentioned that he had been in financial difficulties recently. The owner of the consultancy company took the chance to lend a helping hand to the inspector by offering him a loan of substantial amount.  At the same time, the owner of the consultancy company requested the inspector to copy to him from the database of the departmental computer and saved them into his personal USB.  Those records concerned the business organizations that had failed to comply with the regulations enforced by his department.  In return for the help from his former colleague, the inspector obtained over 100 records and sent them to the owner of the consultancy company.  The owner of the consultancy company used the records as a sales lead, approaching those business organisations on the list and touting his consultancy services to them. Some of the business organisations received sales calls from the consultancy company almost as soon as they had received warning notices from the government. They suspected corruption and reported the matter to the ICAC.

Case Analysis

According to the Prevention of Bribery Ordinance (POBO) S.4(1), it is an offence for the owner of the consultancy company to offer advantages (i.e. a loan) to induce a public servant (i.e. the inspector of the government department) to abuse his official capacity by leaking confidential information.  The inspector also violated POBO S.4(2) for accepting bribes in his capacity as a public servant.

Although the department may allow staff to copy information from the computer system into removable storage media for operational need, such arrangement opens up opportunities for information to be leaked.  The use of these media and mobile devices should be properly managed in workplace.  Guidelines alone cannot foster a culture of compliance. Corruption results from inadequately implemented controls and staff misconduct. This case demonstrates that rules are of limited use if no checks are carried out for compliance.  Therefore, managers should always keep a careful eye on subordinates and remind staff to handle conflicts of interest properly.  Misuse of personal data may be a breach of the Personal Data (Privacy) Ordinance and can expose the company to damaging lawsuits.  Coaching staff is essential for preventing problems.

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Falsifying documents to mislead the principal constitutes an offence under the POBO

Tim was the director of a Hong Kong company and was stationed in its Mainland factory. He instructed a transportation company operator to inflate the service fees statement and used the falsified documents to mislead the principal.
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Tim was the director of a Hong Kong company and was stationed in its Mainland factory. In the process of awarding a freight contract to a cross–boundary transportation company for goods to be transported to Hong Kong, he claimed he was the factory owner. Tim also falsely claimed that he needed to inflate the transportation cost to offset certain monthly miscellaneous expenses, which were not chargeable to the company's account. He instructed the transportation company operator to inflate the transportation fees on the monthly statement by HK$20,000. He then submitted the statement to his company for issuing of payment to the transportation company via the personal bank account of the factory accountant.   Tim had subsequently pocketed HK$180,000 through the bank account of the accountant for nine months.

The transportation company operator later discovered that Tim was only a paid director and not the actual factory owner.

Case Analysis

In accordance with the Prevention of Bribery Ordinance (POBO), the term "agent" includes individual directors of a company.  In the above case, Tim as a director was an agent of his company.  He breached Section 9(3) of the POBO by intentionally using false documents to deceive and mislead his principal, i.e. the company.

Tim, who provided false information to mislead the transportation company operator, might also commit offences of false accounting and deception.

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Profit-splitting

Daphne was responsible for recommending spare parts suppliers to her watch manufacturing company. A supplier suggested marking up the quotation price by 4% so that they could equally share the profits.
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Daphne, a purchasing officer in a watch manufacturing company, was responsible for recommending spare parts suppliers.  One day, a supplier, Simon, invited her for a lunch and made a business suggestion.  If Daphne recommended her company continuing to use Simon’s company as a supplier, Simon would mark up the quotation price by 4% from the next purchase order and they could equally split the profit by having 2% each.

Daphne was scandalized when hearing the suggestion.  Although Simon’s suggested mark-up price was still by far the lowest among the lot, the quality of his products was not as good as the others and only just met the company’s required standard.  On a second thought, she needed an extra income at the moment because she had just made the down-payment for her new flat.  After all, her company would still get a good bargain price.

Would Daphne commit an offence if she accepted Simon’s suggestion?  What factors does she need to consider when making a decision?

Case Analysis

Daphne might violate Section 9 of the Prevention of Bribery Ordinance (POBO) if she (as an employee), without the approval of her principal (the watch manufacturing company) accepted an advantage (i.e. 2% profit from the mark-up price offered by Simon) for recommending Simon’s company to her watch manufacturing company.  Simon might also violate POBO for offering bribes.

Daphne was facing a dilemma that might put her personal values such as responsibility and honesty to challenge. In handling the situation, Daphne 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 violations to her professional, industry specific, or company code of conduct.
  2. Is it against the Law?
  3. Does it correspond with her self-values such as responsibility and honesty?
  4. Can she disclose her decision to others openly and honestly without misgivings?

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

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Unauthorized rebate from supplier

Mr Chow, one of the four shareholders of a chemical engineering company in Hong Kong, was in charge of procurement for its mainland factory. A Hong Kong supplier tried to secure orders from Mr Chow by presenting him expensive gift and offering him rebate.
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Mr Chow started a joint venture with three of his friends by setting up a chemical engineering company in Hong Kong and a chemical manufacturing factory in Guangdong. The four of them were all directors of the company, each holding 25% of the company shares.

As Mr Chow had substantial experience in operating factories in Chinese Mainland and had developed an extensive business network in Hong Kong and Chinese Mainland especially with Mainland suppliers and government officials, he offered to manage the Mainland factory as the paid General Manager in charge of the business there.

Mr Chow often boasted that the success of the Mainland factory was due to his networking clout. At the same time, he kept grumbling that he had to cover the enormous entertainment expenses with his own money. As the General Manager of the Mainland factory, Mr Chow was entrusted with key procurement decisions. When one of his Hong Kong suppliers learned that Mr Chow had recently bought a property in Chinese Mainland, he presented Mr Chow with an expensive audio- visual set-up, hoping that this gift would secure a contract for the supply of chemical raw materials.

This seemingly thoughtful present soon brought its reward in the form of a first order from Mr Chow. To secure future business, the supplier also offered 5% of the transaction amount as a rebate to Mr Chow at his request. Subsequently, the bribe money was deposited into Mr Chow’s bank account in Hong Kong.

Case Analysis

Under the Prevention of Bribery Ordinance (POBO), the principal of a company is the entire Board of Directors, while individual shareholders or directors are considered as agents. In this case, Mr Chow was an 'agent' as he was one of the shareholders and the paid General Manager of the factory. Prior to any solicitation or acceptance of any advantage in the course of business, Mr Chow should have obtained permission from the Board of Directors.

The principal’s permission should be definite and given in advance in accordance with Section 9 of the POBO. Otherwise, the agent has to apply for permission as soon as reasonably practicable after the acceptance. In addition for such permission to be lawful, the principal must have carefully considered the application before granting permission.

Mr Chow’s company had not stated clearly in advance whether or not its staff members could accept advantages in relation to their duties. During the investigation, Mr Chow claimed that he had notified other shareholders that the rebates concerned were used to cover the entertainment expenses incurred in Chinese Mainland. Nevertheless, he had, in fact, only casually brought this matter to the attention of just two of the shareholders. Furthermore, the arrangement had not been discussed at any board meeting or formally approved, and there was no record of the accepted rebates, nor how they were dealt with. As such, Mr Chow was considered not to have obtained the company’s permission to accept the rebate at the material time. Moreover, he had not applied for retrospective approval from his company, and his acceptance of the rebates was not known to and approved by all shareholders. Thus Mr Chow accepted the rebates without the principal’s permission.

To protect the interest of the companies and their stakeholders, companies should take the initiative to formulate rules and regulations governing the acceptance of advantages by their board members and staff and to state clearly in writing the company’s stance and policy regarding acceptance of advantages, and entertainment. The procedures for declaring acceptance of advantages and the channels for making enquiries should also be laid down and made known to all staff.

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Lacking a clear company policy

Mr. Chung had established a toy manufacturing enterprise in the Mainland in partnership with his friends. He solicited rebate from a Mainland supplier as a reward for placing purchase orders…
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Mr. Chung had established a toy manufacturing enterprise in the Mainland in partnership with his friends. Holding 10% of the shares, he was mainly responsible for supervising the manufacturing process. Since Chung had the authority to purchase materials for the company, he hinted to a Mainland supplier that he expected a rebate equivalent to 5% of the transaction amount as a reward for placing purchase orders. When the incident was exposed, the ICAC found that none of the shareholders in the enterprise had any knowledge of Chung’s acceptance of advantages. Besides, the company did not establish any clear policies on such acceptance of advantage either for its shareholders or staff. It was revealed that Chung had accepted a total of $50,000 over a period of eight months. Chung was sentenced to imprisonment for committing a bribery offence.

Case Analysis

In Hong Kong, according to the Prevention of Bribery Ordinance (POBO), it is an offence for any agent (generally the employee), without the permission of his principal (generally the employer), to solicit or accept an advantage as a reward for doing an act on relation to his principal’s business. Moreover, if any part of the bribery act takes place in Hong Kong, it shall still be an offence under the POBO. Although Chung was one of the shareholders of the enterprise, he was still an agent as defined by the law. He therefore must seek approval from the company before accepting any advantages.

Business organisations should take the initiative to govern the acceptance of advantages by all levels of staff (including directors) in relation to company businesses. The company should state clearly amounts of advantage that the staff are permitted to accept, and conditions of such acceptance. The policy should also list out the declaration procedures and enquiry channels for staff compliance.

Moreover, the company should establish detailed procurement procedures in order to ensure that the products purchased are of good quality and to prevent staff from abusing their authority or engaging in corrupt practices in the purchasing process. Staff should be reminded constantly of the importance of selecting suppliers in a fair and impartial manner.

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