Prevention of Corruption 防止貪污

Major Provisions of the POBO 《防止賄賂條例》內容重點

Section 9 of the Prevention of Bribery Ordinance (Cap. 201) deals with corruption in the private sector. An "agent" is anyone employed by or acting for another person, such as an insurer's employee or a licensed insurance agent acting for the appointing insurer. An agent commits an offence if, without lawful authority or reasonable excuse, they solicit or accept any advantage as an inducement or reward for doing or not doing something in relation to the principal's affairs or business. The person who offers such an advantage also commits an offence. It is also an offence for an agent to use a receipt, account or other document containing false information with intent to deceive the principal.

"Advantage" is defined widely. It includes gifts, loans, fees, rewards, commissions, offices, employment, contracts, services and favours. "Entertainment" (food or drink consumed on the occasion, plus any other entertainment provided at the same time) is not an advantage. However, excessive or frequent entertainment can make it hard for the person to act impartially, so organisations usually limit it in their own codes of conduct.

Neither the agent nor the giver commits an offence if the principal gave permission beforehand. If the agent accepted without prior permission, the agent must apply for permission as soon as reasonably possible afterwards, and the principal must grant it. The Ordinance also provides that it is no defence that the agent lacked the power to do the act, did not intend to do it, or did not actually do it. Nor is it a defence that the advantage is customary in the trade.

On conviction on indictment, a section 9 offence carries a maximum fine of HK$500,000 and 7 years' imprisonment. The court may also order the offender to pay over the amount or value of the advantage received. A prosecution for an offence under the Ordinance needs the consent of the Secretary for Justice.

Report Corruption 舉報貪污

Anyone who suspects corruption can report it to the Independent Commission Against Corruption (ICAC). The ICAC Report Centre operates 24 hours a day. A report can be made through the hotline 2526 6366, in person at the Report Centre or an ICAC regional office, by post, or through the ICAC website. The person reporting does not need consent from an employer or supervisor first.

The ICAC treats reports in confidence. The law also makes it an offence to disclose, without lawful authority or reasonable excuse, the identity of a person under investigation or details of the investigation. Anonymous reports are accepted. However, a person who gives their identity and contact details makes follow-up easier and helps the investigation.

Knowingly making a false report to the ICAC is itself an offence. Insurance companies should set out reporting channels in their staff codes of conduct and encourage staff to report suspected corruption honestly.

Assistance from the ICAC 廉政公署的服務

The ICAC fights corruption with a three-pronged approach. The Operations Department receives reports and investigates. The Corruption Prevention Department examines systems and procedures to close loopholes. The Community Relations Department educates the public and builds community support.

The Corruption Prevention Department gives private organisations, including insurers and insurance intermediary firms, free and confidential corruption prevention advice. For example, it can help review claims, procurement and approval procedures, and help draft staff codes of conduct.

The Community Relations Department and the Hong Kong Business Ethics Development Centre, which the ICAC set up, provide integrity and business ethics training, talks and reference materials for different trades. These include training materials for insurance practitioners. Firms can use these resources to raise their staff's awareness of corruption.