TNAG-2598-FCO40-3786-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 14

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Paragraph 4- Advantages from tradesmen, firms, companies, organiza-

tions and associations

Paragraph 5- Advantages from close personal friends

Paragraph 6 Advantages from other persons

Paragraph 7 - Advantages from the Government.

Special permission

6. If a Crown servant wishes to solicit or accept an advantage which is not permitted under the Acceptance of Advantages (Governor's Permission) Notice, he must seek special permission to do so, as set out in para- graphs 8 and 9 of the Notice. For most officers, this permission should be sought from their Head of Department. If an officer is in any doubt as to whether he needs to apply for special permission or not, he is strongly advised to do so to protect his own interest.

WARNINGS

Section 4 of the Prevention of Bribery Ordinance

7. The Acceptance of Advantages (Governor's Permission) Notice lists. those advantages which a Crown servant may solicit/accept without com- mitting an offence against section 3 of the Prevention of Bribery Ordinance. However, Crown servants should note that they may be guilty of an offence against section 4 of the same Ordinance if they solicit or accept any advantage (even one permitted under the Acceptance of Advantages (Governor's Permission) Notice) which is offered on account of their official duties or position. A copy of section 4 of the Ordinance is attached at Annex B.

Conflict of interest

8. All officers should also note that they may be liable to disciplinary action if they solicit or accept any advantage (even one permitted under the Acceptance of Advantages (Governor's Permission) Notice) if this has led, or could have led, to an actual or apparent conflict between their private interests and their official duties or position.

Entertainment

9.

Entertainment as defined in CSR 432 is not an advantage, and the acceptance of entertainment of this sort is not a criminal offence. However, this does not mean that an officer is free to accept lavish or unreasonably generous or frequent entertainment, or indeed any entertainment which could embarrass him in the discharge of his duties. An officer who accepts entertainment otherwise than in accordance with Civil Service Regulations 431-435 (at Annex C) will be liable to disciplinary action.

10. This circular supersedes Civil Service Branch Circular No. 4/79, which is hereby cancelled.

11. Officers should address enquiries in relation to this circular to their Departmental Secretaries in the first instance. Further enquiries should be addressed to the Assistant Secretary (Discipline), Civil Service Branch (telephone 5-95408).

Encls. and Chinese translation

To: Heads of Department} c.c. Registrar, Supreme Court (f.i.)

SO'd

8981 129 zsa

MARTIN ROWLANDS Secretary for the Civil Service.

BSMOH INAWNWBNOD YH

DI:91 2661-NNI-EZ