TNAG-2667-FCO40-3864-Hong-Kong-Civil-Service-1993 — Page 144

officer who solicits/accepts

any such advantage where this could lead, or has led, to a real or apparent conflict of interest between his private

private concerns and his official duties or position may be liable to disciplinary action. Similarly, any officer who accepts entertainment or engages in financial transactions or any other outside activity which could lead, or had led, to a conflict of interest may be liable to disciplinary action. CSD Circular No. 19/92 gives further guidelines on this issue.

GIFTS PRESENTED TO AN OFFICER IN HIS OFFICIAL CAPACITY

23.

No permission

is given under the Acceptance of Advantages (Governor's Permission) Notice 1992 for the acceptance of advantages presented to an

officer in his official capacity, and such gift may not be retained personally by the recipient. All such gifts presented on social and ceremonial occasions which the Crown servant attended in his official capacity are to be regarded as gifts to the department in which the officer works, which he has received on behalf of the department.

24.

The department should dispose of such gifts in one of the following ways:-

(a)

at the

Head of Department's discretion and where this can be done without causing great

great offence or embarrassment, the gift should be returned to the donor with a carefully worded explanation that Government regulations do not permit the acceptance of gifts and a polite word of gratitude for the thought behind the gift;

(b) in circumstances

where it is not considered that the gift should be returned (e.g. where it has been inscribed with the name of the officer to whom it was presented or the donor is a distinguished overseas visitor), then :

(i) if the gift is of perishable food or drink,

it should be

be shared among the office or section where the recipient works; or

(ii)

if the gift is of low value (below $1,000) and is

personal item (e.g. a necktie or scarf) or is personally inscribed to a particular officer (e.g. a banner or salver), the gift may be given back to the officer to whom it was presented for his personal retention, Department's social prize; or

or donated to the function as lucky draw

Amendment No. 2(21)

2(21) 193