(b) vesting of the authority with the Heads of Departments to approve acceptance of passage by non-directorate officers.
ACCEPTANCE OF ADVANTAGES (GOVERNOR'S PERMISSION) NOTICE 1992
2.
Section 3 of the Prevention of Bribery Ordinance, Cap. 201, states that :-
"Any Crown servant who, without the general or special permission of the Governor, solicits or accepts any advantage shall be guilty of an offence."
The purpose of the Acceptance of Advantages (Governor's Permission) Notice 1992 is to set out the circumstances in which Crown servants have the general permission of the Governor to solicit/accept advantages, and to explain how special permission may be sought to solicit/accept advantages for which general permission is not given, for the purposes of Section 3 of the Frevention of Bribery Ordinance.
3.
Basically, general permission has been given
given to Crown servants to solicit/accept any advantage except for the following 'restricted advantages' :-
(a) gifts, both of money and in kind;
(b)
discounts;
(c)
loans of money; and
(d) air, sea and overland passages,
which are permitted only in certain circumstances.
may,
Crown servants
therefore, solicit/accept such 'unrestricted advantages' as loans of objects (but not money) and payment for outside work, for the purposes of Section 3 of the Prevention of Bribery Ordinance.
4.
The Acceptance of Advantages (Governor's Permission) Notice 1992 gives no permission in respect of the soliciting/acceptance of advantages for the purposes of Section 4 of the Prevention of Bribery Ordinance (Annex B). The soliciting/acceptance of any advantage given on account of any
performed by a public servant in his official capacity (whether with a corrupt motive or not) renders him liable to prosecution under Section 4 of the Prevention of Bribery Ordinance, regardless of any provision contained in the Acceptance of Advantages (Governor's Permission)
Permission) Notice 1992. Guidance on the proper procedure to be adopted in cases where officers are presented with gifts on social or ceremonial occasions which they have attended in their official capacity or by virtue of the official position held at that time is given in paragraphs 23 - 25 below.
Amendment No.
2(14) 193