TNAG-0551-FCO40-646-Allegations-of-corruption-and-bribery-in-Hong-Kong-police-an-1975 — Page 132

Appendix III

ESTABLISHMENT REGULATIONS

490. (1) The acceptance of entertainment by an officer is not the acceptance of an advantage as defined in section 2 of the Prevention of Bribery Ordinance 1970.

(2) However, an officer who accepts entertainment otherwise than in accordance with these regulations is guilty of a disciplinary offence and proceedings may be taken against him accordingly.

491. (1) For the purposes of this regulation and regulations 492-494 entertainment means- "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.” (2) The following are examples of what constitutes entertainment-

(a) a meal;

(b) an occasion at which drinks of any kind are provided;

(c) attendance at a cinema, theatre or other public entertainment before or after a meal;

(d) dancing or other entertainment before, during or after a meal.

492. An officer is permitted to accept any entertainment from any person except such entertain- ment as is prohibited by regulation 493 or under regulation 494.

493. (1) An officer may not, without the permission of the Head of his Department, accept entertainment from any person if the entertainment is likely, for example by reason of its excessive nature or of the relationship between the officer and the other person or of the character of that person-

(a) to lead to the embarrassment of the officer in the discharge of his functions; or

(b) to bring the officer or the public service into disrepute.

(2) In this regulation, reference to the Head of a Department means-

(a) in relation to a person who is himself the head of a department or is an ex officio member of

the Executive Council, the Secretary for the Civil Service;

(b) in relation to any other officer-

(i) the Head of the Department in which that officer is serving at the time when the enter-

tainment is offered to the officer;

(ii) any other officer of that department authorized in writing by the Head of the Department

to act on his behalf for the purposes of this regulation.

494. (1) A Head of Department may, with the approval of the Secretary for the Civil Service, issue directions to the officers serving in that department.

(2) Such directions may prohibit an officer serving in that department from accepting, or from accepting without the permission of the Head of the Department or another officer of the department authorized by the Head for this purpose, any entertainment which such officer would, but for such prohibition, be permitted to accept, or to accept with permission, under regulation 492.

(3) An officer who contravenes any direction applicable to him issued under this regulation shall be deemed to have accepted entertainment otherwise than in accordance with these regulations.

(4) Any directions issued under this regulation shall be in addition to regulation 493.