Ethical Leadership in Action - United Nations Public Administration ...

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2. Section 4 It is the section dealing with the crime of official corruption. The Gist The Spirit The Penalty Points-to-note • Government officer 4 • In Hong Kong or elsewhere • Solicits or accepts any advantage • For abusing his official power or position • To prevent a government officer from abusing his authority for personal gain • To safeguard the interests of the government and the community at large • A maximum fine of HK$500,000 and imprisonment for 7 years • To pay any part of the proceeds of corruption received by the convicted as specified by the court • If a transaction amounts to a Section 4 offence, how the advantage is accepted is immaterial. Even if the advantage is accepted through a third party like spouse, the advantage may be regarded as received on the government officer’s behalf. • Parties offering or accepting a bribe are guilty even if the government officer has no real power to fulfil his promise or has not in fact fulfilled the promise. 16 4 In Section 4 of the PBO, the term “public servant” is used. As defined in section 2(1) of the PBO, a “public servant” includes any prescribed officer and also any employee of a public body. Please refer to the provisions for details.
Awareness 3. Section 10 It is the section dealing with a government officer maintaining a standard of living beyond one’s means. The Gist The Spirit The Penalty Points-to-note • Former or serving government officer 5 • Maintains a standard of living or possesses or controls assets which are not commensurate with his official emoluments • Without any satisfactory explanation to the court • To bring to book a government officer who receives bribes over a period of time • A maximum fine of HK$1,000,000 and imprisonment for 10 years • To pay a sum not exceeding the amount of the pecuniary resources t h e c o n v i c t e d p o s s e s s e s , t h e acquisition of which cannot be explained to the satisfaction of the court • There is no time limit for laying a charge of Section 10. • The person involved need not be a government officer at the time the charge is laid against him. Checklist for Managers ■ ■ Are your staff fully conversant with the provisions stipulated in Sections 3, 4 and 10 of the PBO Are there any briefing sessions on the PBO arranged in induction and refresher courses for your staff 17 5 In Section 10 of the PBO, the term “prescribed officer” is used. As defined in section 2(1) of the PBO, a “prescribed officer” includes any person holding an office of emolument, whether permanent or temporary, under the Government. Please refer to the provisions for details.
Page 1 and 2: Ethical Leadership in Action Handbo
Page 3 and 4: The Challenges Awareness Ahead Aler
Page 5 and 6: The Challenges Ahead The Growing Im
Page 7 and 8: Awareness Alert your staff to to th
Page 9 and 10: Awareness 1. Section 3 It is a very
Page 11 and 12: Awareness Loans of Money Status of
Page 13: Awareness • Listed below is the s
Page 17 and 18: Awareness Checklist for Managers
Page 19 and 20: Awareness • An officer investing
Page 25 and 26: Corruption and malpractice are risk
Page 27 and 28: II. Checks and Balances • Checks
Page 29 and 30: Awareness Action Alert Convey your
Page 31 and 32: Action II. Exercising Monitoring an
Page 33 and 34: Action • Enhance staff’s awaren
Page 35 and 36: Action V. Aligning the People and t
Page 37 and 38: List of relevant CSB Circulars, CSR

Ethical Leadership in Action - United Nations Public Administration ...

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