TNAG-2598-FCO40-3786-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 13

RESTRICTED

Ref.: DP 63/6-C

(Note:

GOVERNMENT SECRETARIAT

HONG KONG

Civil Service Branch Circular No. 3/81

March 1981

The Acceptance of Advantages and Entertainment

Distribution of this circular is Scale A. i.e. it should be read by all officers. A Chinese translation is attached. Each officer should be given a copy of this circular for his/her retention.)

Introduction

The purposes of this circular are:-

(a) to draw the attention of all officers to the Acceptance of Advan-

tages (Governor's Permission) Notice (Annex A); and

(b) to remind all officers of Civil Service Regulations 431-435 on the

acceptance of entertainment. (Annex C)

Section 3 of the Prevention of Bribery Ordinance

2. Section 3 of the Prevention of Bribery Ordinance (Cap. 201) states that:

"Any Crown Servant who, without the general or special permis- sion of the Governor, solicits or accepts any advantage shall be guilty of an offence.”

Section 12(2) of the Ordinance states that:-

"Any person guilty of an offence under section 3 shall be liable on conviction to a fine of $100,000 and to imprisonment for 1 year, and shall be ordered to pay to the Crown in such manner as the court directs the amount or value of the advantage received by him or such part there of as the court may specify."

Acceptance of Advantages (Governor's Permission) Notice

3.

The Governor has given his general permission for the purposes of section 3 of the Prevention of Bribery Ordinance to all Crown servants to solicit/accept certain types of advantages in certain circumstances. These permitted advantages are listed in the Acceptance of Advantages (Governor's Permission) Notice (at Annex A). The Acceptance of Advantages (Governor's Permission) Notice replaces the Acceptance of Advantages Regulations, which have been revoked.

Restricted and unrestricted advantages

4. The following advantages, are restricted, in that they may only be solicited/accepted in certain circumstances:-

(a) gifts, both of money and in kind;

(b) discounts;

(c) loans of money; and

(d) air, sea and overland passages.

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All other advantages (including favours and loans of objects) are restricted, in that they may be solicited and accepted, for the purposes of section 3 of the Prevention of Bribery Ordinance.

Restricted advantages

5.

The circumstances in which restricted advantages may be solicited/ accepted are set out in paragraphs 3-7 of the Acceptance of Advantages (Governor's Permission) Notice, as follows:-

Paragraph 3-Advantages from relations

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