RESTRI CIED
Ref: CSBCR 1/4263/74
Balbo bkkily
Y
The Copper NKK 14/1
Informe
Para(s)
}
Colonial Secretariat
Hong Kong
9th December 1975
CIVIL SERVICE BRANCH CIRCULAR NO.54/75
Bribery and Acceptance of Gifts
(Note: Distribution of this Circular is
Scale A, i.e. it should be read by all officers. A Chinese translation is attached).
I
225
Introduction
1.
As Christmas and the Lunar New Year are approaching, officers may be the subject of particular pressure or persuasion to accept gifts from members of the public or from other officers.
Bribery (Section 4 of the Prevention of Bribery Ordinance)
2.
If
The legal position is that an officer may not solicit or accept an "advantage" if it is solicited or accepted essentially on account of his past or future official duties. he does, he is guilty of an offence against section 4 of the Prevention of Bribery Ordinance (which is set out in Annex I to this circular). It is sufficient to constitute an offence if an officer accepts an advantage believing or suspecting that it was given on account of his official duties. It is immaterial that he has no intention of doing anything in return for it. Thus, the acceptance of a tip at, for example, Christmas or Lunar New Year is prohibited.
3:
It must be clearly understood that none of the exceptions provided for in the Acceptance of Advantages Regulations has any application in the case of an offence against section 4.
Officers must also realise that the term "advantage" has a wide meaning. It covers among other things, gifts, tips, loans, commission, the provision of services or employment, and favours generally.
4.
Soliciting and accepting advantages under
section 3 of the Prevention of Bribery Urdinance
5.
The law in this respect also is concerned with "advantages". Section 3 prohibits a Crown servant from soliciting or accepting an advantage in any circumstances without the general or special permission of the Governor. It is in respect
/of
No comments yet.
Private notes are available after approval.