Special
Governor.
8. For the purposes of section 3 of the Prevention of Bribery Ordinance 1970, the special per- permission of mission of the Governor shall be deemed to have been given to a Crown servant in respect of any advantage, for the acceptance of which the permission of the Establishment Secretary or, as the case may be, Crown servant's Head of Department has been obtained under regulation 9 or 10 of these regulations.
Gifts and loans retainable with special permission.
Special permission
for passages.
Entertain- ment.
9. (1) This regulation deals with gifts, including gifts of money, and loans of money in respect of which no general permission is granted under regulation 5.
(2) If a Crown servant wishes to accept any gift or loan of money which he is not permitted to accept by virtue of regulation 5, he must, as soon as is reasonably possible after being offered or presented with the gift or loan of money, seek the permission of the Establishment Secretary, in the case of a gift offered or presented in connection with the launching of a ship, or his Head of Depart- ment, in any other case, to accept the gift or loan of money, and may in the meantime retain the gift or loan of money in his possession.
(3)
The Establishment Secretary or, as the case may be, the Head of Department may, if his permission to accept a gift or loan of money is sought under paragraph (2),-
(a) permit the Crown servant to accept the gift or loan of money, either unconditionally or subject to such conditions as the Establishment Secretary or, as the case may be, the Head of Department may specify;
(b) require him to return it to the donor or lender;
(c) require the gift to be handed to a charitable organization nominated by the Crown servant and approved by the Establishment Secretary or the Head of Department, as the case may be; (d) require him to dispose of the gift in such other manner as the Establishment Secretary or
the Head of Department, as the case may be, may direct.
(4) A Crown servant may, if he has complied with paragraph (2), retain the gift or loan of money in his possession until the decision under paragraph (3) has been notified to him.
10. (1) This regulation deals with the provision of air, sea and overland passages for Crown ser- vants and not with any other kind of advantage.
(2) A Crown servant may not, without the permission of the Establishment Secretary, solicit or accept any free air, sea or overland passage (other than a passage provided in accordance with Establishment Regulations) or any air, sea or overland passage for which the Crown servant pays a fare which is more than fifteen per cent less than the standard fare payable by other passengers.
11. (1) These regulations do not deal with entertainment, the acceptance of which by a Crown servant is dealt with in Establishment Regulations.
(2) The acceptance by a Crown servant of entertainment does not constitute the acceptance of an "advantage" as defined in section 2 of the Prevention of Bribery Ordinance 1970, but may be the subject of disciplinary proceedings.
(3) "Entertainment" is defined in section 2 of the Prevention of Bribery Ordinance as meaning "the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with, or provided at the same time as, such provision”.
By Command,
HUGH NORMAN-WALKER,
Colonial Secretary.
8th May, 1971.
WARNING
The Acceptance of Advantage Regulations 1971 specify those advantages which a Crown servant may accept without committing an offence against section 3 of the Prevention of Bribery Ordinance 1970, which reads --~---
"3. Any Crown servant who, without the general or special permission of the Governor, solicits or accepts any advantage, shall be guilty of an offence."
However, Crown servants should be warned that they may be guilty of offences against other sections of the same Ordinance if they accept any advantage (even gifts or passages which are permitted by the above regulations) with a corrupt motive—that is to say, as an improper inducement or reward for or otherwise improperly on account of the doing, or not doing, of some part of their official duties. This includes the acceptance of an advantage which the Crown servant believes or suspects or has reasonable grounds to believe or suspect is given with a corrupt motive.
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