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

Implementation and Enforcement Tools 119Examples of Misconduct in Public Office Casesin Hong Kong, China—Let the Punishment Fit the Crime• A directorate officer responsible for managing governmentproperty awarded government contracts of USD20 millionto a property management company owned by his closerelatives. He failed to declare the relationship and awardedcontracts to the company, knowing that it did not fully meetthe tender prequalification requirements. He was sentencedto 30-month imprisonment.• A senior police officer was convicted of accepting free sexualservices from vice operators. Although he was not performingany official duties at the time, he was deemed tohave failed his duty as a senior police officer when takingno action against the vice operators. Moreover, the courtopined that the police officer would not have been offeredthe services if he were not in a position of power. He wassentenced to 2-year imprisonment.• A legislative councilor acted as a paid consultant to a statutorybody but failed to declare his interests in the consultancyservice when speaking in the Council on mattersconcerning the statutory body’s interests. He was sentencedto 18-month imprisonment.• The chairman of the Liquor Licensing Board persuadedapplicants to hire his friend as a representing lawyer,improperly provided confidential documents to his friend,and failed to disclose the relationship. He was sentenced to1-year imprisonment.ConclusionWhile universal standards and practices can be established toguide and monitor public officials’ behavior and conduct, the public’sperception of COIs and other misconduct changes over timeand in response to changing relations between the public andprivate sectors. Thus, it is necessary to establish a robust systemfor managing COI, which should be subject to ongoing review toensure relevance and be clearly communicated to all stakeholdersand the general public. Public perception is critical to determiningwhether or not public officials have acted inappropriately;ADB/OECD Anti-Corruption Initiative for Asia and the Pacific