Integrity, Ethics and Anti-Corruption Awareness
What the paper tests
Integrity, Ethics and Anti-Corruption Awareness tests whether you can apply the Prevention of Bribery Ordinance (Cap. 201) and the ICAC's ethical standards to realistic scenarios. Expect questions on advantages, public servants and agents, conflict of interest, confidentiality, and the ICAC's three-pronged approach.
Core rules and concepts
- Three-pronged approach: law enforcement, prevention and education. The ICAC investigates, advises organisations on systems, and educates the public.
- Advantage: broadly defined in section 2 of the POBO and includes money, gifts, loans, fees, rewards, commissions, employment, contracts and services. There is no minimum amount. Entertainment is treated separately, but departmental rules may still restrict it.
- Section 4: a public servant who solicits or accepts an advantage as an inducement, reward or on account of doing or forbearing to do anything in relation to public office commits an offence; offering the same advantage is also an offence.
- Section 9: an agent who solicits or accepts an advantage without the principal's permission commits an offence; offering to an agent is also caught.
- Section 10: a public servant who maintains a standard of living beyond their official emoluments, or possesses property disproportionate to them, must explain the source.
- Ethics: declare conflicts of interest, do not use confidential information for personal gain, and avoid accepting hospitality that could impair judgment.
Worked example
A government officer responsible for awarding a cleaning contract accepts HK$2,000 in a red packet from a contractor after the contract is signed. The officer says it is custom and the contract was already awarded. The custom label is not a defence. The money is an advantage; the officer is a public servant; acceptance after the award can still be an offence if it is a reward for, or otherwise on account of, the officer's acts in public office. The absence of a specific favour before the award does not make the payment lawful. The officer should have declined and declared the offer.
Traps
- Believing a small amount is automatically lawful; the POBO has no de minimis threshold.
- Treating a loan, discount or commission as not being an advantage.
- Assuming a gift is lawful because it was offered after the decision.
- Confusing the ICAC's investigative role with the Department of Justice's prosecution role.
- Ignoring a conflict of interest because no bribe was offered.