1971-HKRS30-16-30_Part02 — Page 33

Keling of "ok"

aund "popepor"'-

Bécaning of **Bale datolik got".

General

permission

of Governer.

2

$20,000 and imprisonment for one year. General permission is dealt with in regulations 5, 6 and 7 of these regulations. Special permission is dealt with in regulations 8. 9 and 10.

(2) For the purposes of that Ordinance-

(a) a person "solicits" an advantage if be, or any other person acting on his behalf, directly or indirectly demands, invites, asks for or indicates willingness to receive, any advantage, whether for himself or for any other person; and

(b) a person "accepts" an advantage if he, or any other person acting on his behalf, directly or indirectly takes. receives or obtains, or agrees to take, receive or obtain any advantage, whether for himself or for any other person.

(3) The term "advantage" is defined in section 2 of that Ordinance, as including-

(a) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;

(b) any office. employment or contract;

(c) any payment, release, discharge or liquidation of any Joan, obligation or other liability, whether in whole or in part:

(d) any other service, or favour (other than entertainment). including protection from any penalty or disability incurred or apprehended or from any action or proceed- ings of a disciplinary, civil or criminal nature, whether or not already instituted;

(e) the exercise or forbearance from the exercise of any right

or any power or duty; and

() any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e).

5.

For the purposes of section 3 of the Prevention of Bribery Ordinance, the general permission of the Governor is hereby granted to all Crown servants in respect of any advantage what- soever except-

(a) gifts prohibited by regulation 6:

(b) gifts or loans of money prohibited by regulation 7:

(c) any air, sea or overland passage in respect of which the permission of the Establishment Secretary is required under regulation 10.

6. (1) This regulation deals only with gifts (other than gifts of money within the meaning of regulation 7) and not with any other kind of advantage.

(2) A Crown servant may not solicit or accept any gift, of any kind or from any source, except the following, which are permitted-

(4) a gift from a relation;

(b) a gift from a close personal friend, given on an occasion such as the Crown servant's birthday, wedding, wedding anniversary or baptism or at Christmas or Lunar New Year, so long as the total value of the gifts from any one person on any one occasion does not exceed $500;

(c) a gift (such as flowers or sweets) presented in connexion with a social or ceremonial occasion and not exceeding a value of $100 on any single occasion:

(d) a gift on retirement which the Crown servant has been

permitted to accept under E.R. 496;

(e) a gift presented in connexion with a ceremonial occasion to a Crown servant who has attended the occasion in his official capacity, or by virtue of his official position, and Dot exceeding a value of $100 on any single occasion;

(f) an anoual discount, or gift of articles representing an annual discount, supplied by a company, firm or business to a Crown servant, in his private capacity as a regular customer, and not dissimilar in nature and value to the annual discount or gifts given by the company, firm or business to its other regular customers:

(g) any discount (including vouchers or coupons expressed to have a monetary value in exchange for which goods to that value may be obtained and including goods so obtained) given to a Crown servant by reason of his membership of any association or by reason of his regular custom or by reason of his paying cash, so long as the discount is equally available to any other person for the

same reason;

(A) a gift of advertising matter, so long as the value of the

gift does not exceed $30.

7. (1) This regulation deals only with gifts of money and loans of money and not with any other kind of advantage.

Permissible gifts.

Permissible gifts and loans of money.