(c)
accept, but not solicit, a gift of up to $400 in value
on other occasions,
from a close personal friend. However, this permission is conditional upon the donor having no official dealings with the Crown servant's department, not being the Crown servant's subordinate, and the occasion on which the gift was presented not being one which the Crown servant attended in his official capacity or by virtue of the official position he held at the time.
11.
"Official dealings" are not considered to include routine contact with a Government department in making use of one of the reqular services provided by
provided by the Government (e.g. the postal, medical, fire
fire and ambulance services, etc.) or in making regular payment of tax, rent, rates, etc. Clearly, a situation may arise where an officer has solicited or accepted an advantage from a person having official dealings with the Crown servant's department but in good faith and where the Crown servant had no knowledge of these official dealings and in circumstances where it is apparent that the Crown servant could have had no reasonable opportunity of knowing of these official dealings. The provisions of paragraphs 5(2) (a) and 6 (2) (a) of the Notice are not designed to catch such officers, and such circumstances normally will not be expected to result in a prosecution under Section 3 of the Prevention of Bribery Ordinance if the bona fides of the Crown servant is established. Departments are requested, wherever
wherever possible, to inform their staff of any official dealings where there is a risk that this situation may result, and to give special permission in individual cases where appropriate.
12.
No definition has
has been made of a "close personal friend", but where
where guidance is sought by officers on this point in individual cases, weight might be given to such factors as the circumstances leading to the friendship, the period of time for which the two have known each other and the frequency with which they communicate with each other.
13.
An occasion which
an officer attends in his official capacity would usually be considered to be one that he attends on duty, whether inside or out of working hours, and as a result of the duties of his office or an instruction by his superior officers. An occasion which an officer attends by virtue of his official position would usually be considered to be one to which he would not have been invited had he not held the post that he held in the Government at the time.
Advantages from other people
14.
(a)
Under paragraph 6 of the Notice, Crown servants may :-
solicit and accept a short-term loan of up to $1,000 from a person other than a close personal friend or a tradesman, company, etc.; and
Amendment No. 2(17) 193
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