TNAG-0472-FCO40-537-Hong-Kong-government-policy-on-education-1974 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

General

(e) the exercise of forbearance from the exercise of any right or any power or duty; and

(f) 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 1970, the general permission of permission of the Governor is hereby granted to all Crown servants in respect of any advantage

whatsoever except—

Governor.

Permissible gifts.

Permissible gifts and loans of

money.

(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—

(a) a gift from a relation;

(b) a gift from a close personal friend, given on an occasion such as the Crown servant's birth- day, 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 connection 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 connection 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 not exceeding a value of $100 on any single occasion;

(ƒ) an annual 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;

(h) 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.

(2) A Crown servant may not solicit or accept any gift or loan of money, whether in the form of cash, cheque or Banker's draft, except the following, which are permitted-

(a) a gift or loan of money by a relation;

(b) a loan of money in the way of business by a bank, firm or person, the normal business of

which or whom includes the lending of money;

(c) a loan of money not exceeding, or loans of money which in total do not exceed, $500 or ten per cent of the current monthly salary of the Crown servant, whichever is the greater; (d) a gift of money 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 amount of the gifts from any one person on any one occasion does not exceed $500, if the donor is a close personal friend of the Crown servant, or $100 in any other case;

(e) a gift allowance, advance, or loan of money made or given out of any Government staff welfare

fund or by the Government under any Establishment Regulation;

(ƒ) a gift of money on retirement which the Crown servant has been permitted to accept under

E.R. 496.

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