C.S.
香港布政司署
Ref: CR 9/3231/68 V
·
Six,
COLONIAL SECRETARIAT.
HONG KONG.
17th August, 1976.
I am directed to reply to your letter of 29th July, 1976, addressed to Sir Denys Roberts.
2.
The Prevention of Bribery Ordinance makes it quite clear that the law does not interfere with the receipt or payment of commissions or rebates approved by the principal of the recipient. Thus, normal honest business practices are not affected.
3.
The intention of the law prohibiting corrupt payments to agents is to protect the legitimate interests of business firms, shareholders and consumers; to guard against principals being deceived by their agents, and to safeguard fair and honest business transactions.
4.
The law regarding the offence of bribery in the private sector, contained in section 9 of the Prevention of Bribery Ordinance, makes it an offence for an agent to accept without his principal's permission an advantage as an inducement to a reward for doing or not doing an act in relation to the principal's business. The offeror of such an illegal advantage is also liable under the same section. Section 19 of the Ordinance is an essential provision to prevent dishonest persons claiming that the payment of receipt of a corrupt transaction is customary.
5.
Any such corrupt transaction with an agent has been a criminal offence under British law since the beginning of this century. As well as being a criminal offence, a corrupt transaction has always been a civil wrong in common law, actionable by the principal.
6.
Against this background, it is the Government's view that the law relating to bribery in the private sector is in Hong Kong's best interests and should remain unaltered.
I am, Sir,
Your obedient servant,
Paweliams
(P.B. Williams)
Secretary for Administration
P”. HƯNG Cheung-phi, J.P. President,
T
The Chinese Manufacturers' Association
of Hong Kong,
CMA Building,
54-65 Connaught Road, Central,
LONG LONG.
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