TNAG-0553-FCO40-648-Allegations-of-corruption-and-bribery-in-Hong-Kong-police-an-1975 — Page 65

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of this offence that the Acceptance of Advantages Regulations operate. They are set out in Annex II to this circular.

The position is that general permission has been given

for the acceptance of advantages other than -

(i) gifts, whether of money or not;

(ii) loans;

(iii) air, sea or other passages,

which are referred to hereinafter as "prohibited advantages",

7.

There are certain exceptions from the prohibited advantages (referred to hereinafter as "permitted advantages") They are set out in regulation 6(2)(a) to (h) and regulation 7(2)(a) to (f) of the Acceptance of Advantages Regulations. Officers should study these carefully.

8.

Regulation 9 of the Acceptance of Advantages Regulations deals with the grant of special permission to accept a prohibited advantage. This will only be given exceptionally.

9.

It is emphasised that a gift or loan which is a permitted advantage may not generally be accepted without contravening section 4 of the Prevention of Bribery Ordinance unless there exists some personal relationship between the giver and the officer which is in no way dependent on the officer's official position. This is particularly relevant in the case of gifts offered at Christmas or Lunar New Year. For example, an officer who accepts a gift which is such as to be a permitted advantage in circumstances where his relationship with the giver arises essentially from his official position nonetheless commits an offence under section 4 of the Prevention of Bribery Ordinance.

10.

Would you please ensure that this circular and the provisions of sections 3 and 4 of the Prevention of Bribery Ordinance, the Acceptance of Advantages Regulations, and Civil Service Regulations 431-435 on the subject of entertainment, are drawn at the earliest possible opportunity to the attention of and explained to all members of your staff, including those on MOD T salary scale and the lower points of the Master Pay Scale who might otherwise not be fully aware of these regulations.

11.

If you are in any doubt about matters dealt with in this circular please seek advice from AS(CS) 2D (telephone number 5-95760). Extra copies of the circular may be obtained from the Discipline Registry of the Civil Service Branch if required.

A.J. SCOTT

Secretary for the Civil Service

To: Heads of Departments

c.c. Registrar, Supreme Court (f.i.

Encl