Managing Conflict of Interest - Organisation for Economic Co ...

118 Managing Conflict of InterestA robust declaration system is an important tool for managingconflict of interest. The system should encompass declarationof financial interests (e.g., investments) as well as other personalinterests (e.g., family ties). In Hong Kong, China the general publichas access to the declaration records of councilors and senior officials,to facilitate public monitoring. Management is required toreview all the declarations received and decide on the necessarycourse of action, which may include the official concerned withdrawingfrom the decision-making process or divesting himself orherself of the conflicting financial interests. To ensure that publicsector staff and management understand how to implement thesystem, awareness training in the form of seminars and workshopsis organized for them throughout the different stages of theircareer development.Enforcement MechanismsMisconduct in public office may constitute a common-lawoffense in Hong Kong, China. The offense occurs when a public official,in the course of or in relation to his or her public office, willfullymisconducts himself or herself, by act or by omission (e.g., willfullyneglecting or failing to perform his or her duty), without reasonableexcuse or justification. The criminality of misconduct is judgedby its severity, with regard to the responsibilities of the office andthe officeholder, the public objects they serve, and the nature andextent of the departure from those responsibilities. Criminal sanctionsor disciplinary measures, or both, are imposed in accordancewith the severity of the misconduct.The Hong Kong, China ICAC not only enforces anti-bribery lawsbut also conducts educational programs, reviews public systemsand procedures, and advises on the development of regulationsand guidelines, with the aim of preventing corruption and strengtheningthe ethical culture of the public service. Beyond the publicsector, ICAC also works in partnership with the various Chambers ofCommerce in Hong Kong, China to operate an Ethics DevelopmentCentre to promote business ethics and corporate governance inthe business community.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific