Corruption Prevention Policy
The Vocational Training Council is designated as a public body under the Prevention of Bribery Ordinance. The relevant corruption prevention policies for public officials include :
What is Corruption?
In simple terms, corruption occurs when an individual abuses his authority for personal gain at the expenses of other people. Corruption brings unfairness, crookedness and, in its more serious case, puts the lives and properties of the community at stake. The spirit of the Prevention of Bribery Ordinance (POBO) enforced by the ICAC is to maintain a fair and just society. The law protects the interests of institutions and employers and inflicts punishments on unscrupulous and corrupt staff. POBO oversees corrupt offences in both the public and the private sector.
Public Sector
Government servants are subject to Sections 3, 4 and 10 of the Prevention of Bribery Ordinance while staff of public bodies are subject to Section 4.
Section 3 underlines the spirit to uphold a high standard of integrity within the civil service, by :
* restricting civil servants from soliciting or accepting any advantage without the general or special permission of the Chief Executive; and
* waiving the requirement of proof of a corrupt act or undulating.
Section 4 deals with corruption of public officials. Under this section :
* it is an offence for a public servant to solicit or accept any advantage offered as an inducement to or reward in connection with the performance of his official duty; and
* any person offering such an advantage also commits an offence.
Section 10 tackles hard-core corrupt civil servants and brings to book those who receive bribes over a period of time even when the assets they possess cannot be linked to any specific corrupt deal. It stipulates that it is an offence for a civil servant to maintain a standard of living or possess/control assets which are not commensurate with his official emoluments.
Private Sector
Section 9 of the Prevention of Bribery Ordinance helps the business sector maintain a commercial environment conductive to fair competition and efficiency. It protects employers from unscrupulous employees who abuse their powers for personal gain. It states that :
* an agent (normally an employee) cannot solicit or accept an advantage without the permission of his principal (normally the employer) when conducting his principal's affairs or businesses; and
* the person who offers the advantage also commits an offence.
Prevention of Bribery Ordinance Including
Section 4 - Bribery (Item 1)
Version Date 30/06/1997
(1) Any person who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, offers any advantage to a public servant as an inducement to or reward for or otherwise on account of that public servant's (Amended 28 of 1980 s. 3)
(a) performing or abstaining from performing, or having performed or abstained from performing, any act in his capacity as a public servant;
(b) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act, whether by that public servant or by any other public servant in his or that other public servant's capacity as a public servant; or
(c) assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the transaction of any business with a public body, shall be guilty of an offence.
Section 5 - Bribery for giving assistant, etc. in regard to contracts
Version Date 30/06/1997
(1) Any person who, without lawful authority or reasonable excuse, offers an advantage to a public servant as an inducement to or reward for or otherwise on account of such public servant's giving assistance or using influence in, or having given assistance or used influence in
(a) the promotion, execution, or procuring of
(i) any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance, or
(ii) any subcontract to perform any work, provide any service, do any thing or supply any article, material or substance required to be performed, provided, done or supplied under any contract with a public body; or
(b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any such contract or subcontract as aforeside, shall be guilty of an offence.
(2) Any public servant who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in
(a) the promotion, execution or procuring of, or
(b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in, any such contract or subcontract as it referred to in subsection (1) shall be guilty of an offence.
Section 6 - Bribery for procuring withdrawal of tenders
Version Date 30/06/1997
(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an inducement to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance, shall be guilty of an offence.
(2) Any person who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for such a contract as is referred to in subsection (1), shall be guilty of an offence.