1. The University is included in the Schedule to the Prevention of Bribery Ordinance (PBO) as one of the public bodies governed by the Ordinance. All its employees, whether appointed on full-time, part-time, regular or non-regular, are “public servants” for the purpose of the said Ordinance. As a public servant, any staff member must be wary of any advantage which is offered to him/her and which could in any way be connected with the performance of his/her duties as a staff member of the University.

2. Definition of “Advantage”

For the purpose of PBO, the term “advantage” means:

1. any gift, fee, reward, loan, commission consisting of money or of any valuable security or of other property or interest in property of any description;
2. any office, employment or contract;
3. any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
4. any other service, or favour (other than entertainment) including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
5. the exercise or forbearance from the exercise of any right or any power or duty; and
6. any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e).

3. Section 4 of the PBO

Under Section 4(2) of the PBO, a criminal offence is committed by “any public servant who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his/her:

1. performing or abstaining from performing, or having performed or abstained from performing, any act in his/her capacity as a public servant;
2. expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act, whether by himself/herself or by any other public servant in his/her or that other public servant’s capacity as a public servant; or
3. assisting, favouring, hindering or delaying, or having assisted, favoured, hindered or delayed, any person in the transaction of any business with a public body.”

4. General Permission to Accept “Advantage” by the University

4.1 In accordance with Section 4(3) and (4) of the PBO, if a public servant solicits or accepts an advantage with the written permission of the public body of which he/she is an employee, neither he/she nor the person who offered the advantage shall be guilty of an offence under this section. Having regard to the nature of work in the University and with reference to the arrangements in the Civil Service, general permission is given to all staff members to accept the following, subject to the provision that such acceptance will not cause any embarrassment or conflict of interests:

1. gifts (including honorarium) presented to a staff member in his/her official capacity, such as in connection with a ceremonial occasion or a seminar, which he/she attended on invitation, provided that the value of the gift does not exceed HK$ 1,000 on any single occasion;
2. copies of textbook and other publications, promotional items of stationery, instruments of laboratory equipment for publicity purposes only, provided that the value of such items does not exceed HK$1,000 on any single occasion;
3. discounts on the purchase of books and/or stationery given by a bookstore or a similar firm by virtue of the staff member being an employee of the University, provided that the discount does not exceed 30% on any single occasion and the discount is equally available to all other employees of the University;
4. gifts (including a gift of money) from staff colleagues, or students in the University on the occasions such as staff members’ retirement, resignation, birthday, wedding, wedding anniversary or any other occasion when gifts are traditionally given or exchanged, provided that the total aggregate value of such gifts does not exceed HK$ 2,500 for any one staff member on any one occasion, and provided that the subscription towards the cost of the gift is entirely voluntary and that, in the case of a gift from staff colleagues, individual subscription does not exceed 1% of the donor’s monthly salary;
5. reward for any University Related Activities or Private Practice which follows the regulations governing such practices stipulated in this Handbook and staff circulars, and which has been approved by the University.

4.2 Acceptance of an advantage is generally permitted if the staff member has no official dealings with the donor.

5. Guidelines for Disposal of Gifts

In addition, the following suggested ways for the disposal of gifts presented may be adopted by a staff member who does not want to accept such gift in his/her official capacity according to paragraph 4.1:

1. If the gift is of perishable food or drink, it may be shared among the office or section where the recipient works.
2. If the gift is a useful item, it may be sent to a charitable organization.
3. If the gift is of historical or other interest, it may be sent to the Library or a museum.
4. If the gift is suitable for display (i.e., painting, vase, etc.) or suitable for retention as a souvenir in the office, it may be retained in the office of the staff member to whom it was presented or elsewhere in the campus, being placed on the inventory of the room.
5. If the gift is of low value and none of the above methods of disposal is appropriate, it may be donated to the University’s social function as lucky draw prize.
6. If the gift is of low value (HK$ 1,000 and below) and is a personal item (e.g., a necktie or scarf) or is personally inscribed to a particular staff member (e.g. a salver), the gift may be given back to the staff member to whom it was presented for his/her personal retention.

6. Special Permission to Accept “Advantage”

6.1 If a staff member wishes to solicit or accept gifts other than those mentioned in paragraphs 4.1 and 4.2, the staff member must, before or as soon as is reasonably possible after the acceptance, seek the written special permission of the President or his/her delegated authority to do so.

6.2 The President or his/her delegated authority may:

1. permit the staff member to accept the gift either unconditionally or subject to such conditions as the President or his/her delegated authority may specify; or
2. require the staff member to return the gift to the donor; and
3. require the gift to be disposed of in such other manner including those mentioned in paragraph 5 as the President or his/her delegated authority may direct.

6.3 Sections 5, 6 and 7 of the PBO prohibit the bribing of public servants in relation to certain specific dealings with public bodies namely, contracts, tenders and auctions respectively; and Section 8 prohibits the offering of a bribe by a person who is having dealings with a public body. Details can be found in the Prevention of Bribery Ordinance which is available for reference in the Human Resources Office.

7. Entertainment

7.1 Entertainment is not regarded as an advantage as defined in Section 2 of the PBO. However, staff members are reminded not to accept any entertainment which is likely, for example by reason of its excessively lavish or unreasonable frequent nature, to lead to embarrassment in the discharge of their functions. Acceptance of such entertainment may be construed as a serious act of misconduct which render the staff member liable to disciplinary action. Entertainment in this context means “the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment normally connected with such provision.”

7.2 Staff members are also warned that if they were to solicit or accept any advantage with a corrupt motive, they may be guilty of offences against other sections of the Prevention of Bribery Ordinance. Whenever in doubt, staff members are advised to consult the Ordinance, a copy of which is kept in the Human Resources Office.

7.3 Staff members should report any bribe offered to them to the Independent Commission Against Corruption (ICAC) and keep the Human Resources Office informed.