PREVENTION OF BRIBERY ORDINANCE - ACCEPTANCE OF ADVANTAGES (GOVERNOR'S PERMISSION) NOTICE 1981 ( NOTE)

PREVENTION OF BRIBERY ORDINANCE - ACCEPTANCE OF ADVANTAGES (GOVERNOR'S PERMISSION) NOTICE 1981 ( NOTE)

PREVENTION OF BRIBERY ORDINANCE

CHAPTER 201

ACCEPTANCE OF ADVANTAGES (GOVERNOR'S
PERMISSION) NOTICE 1981





L.N. 57 of 1981

This notice, although not subsidiary legislation, is published for

information only.

PREVENTION OF BRIBERY ORDINANCE
(Chapter 201)

ACCEPTANCE OF ADVANTAGES (GOVERNOR'S
PERMISSION) NOTICE 1981

Given by the Governor for the purposes of section 3 of the
Prevention of Bribery Ordinance

[Commencement: 27 February 1981.1

1. In this notice, unless the context otherwise requires-

'approving authority' means

(a)in relation to a Crown servant who is the Head of a
Department or holds a post of equivalent status, or is an ex
officio member of the Executive Council, the Chief Secretary or
the Secretary for the Civil Service;

(b) in relation to any other Crown servant-

(i) the Head of the Department in which that Crown servant
is employed at the time when the advantage is offered to or
solicited or accepted by the Crown servant;

(ii) any other officer of that Department authorized by the
Head of the Department, with the approval of the Secretary for
the Civil Service, to act on his behalf for the purposes of this
notice;

'discount' includes vouchers or coupons expressed to have a

monetary value in exchange for which goods to that value may be
obtained and also includes goods so obtained.

2. For the purposes of section 3 of the Prevention of Bribery

Ordinance, by this notice

(a)the general permission of the Governor is given to all Crown
servants in respect of any advantage, other than gifts,
discounts, loans or passages not permitted by paragraphs 3
to 7;

(b)the special permission of the Governor is given to any Crown
servant in respect of any advantage for the acceptance of
which that Crown servant has been given the permission of
the approving authority under paragraph 8 or 9.





3. (1) A Crown servant is permitted to solicit or accept from
a relation any gift, whether of money or otherwise, any discount,
any loan of money or any air, sea or overland passage.

(2) In sub-paragraph (1) 'relation' means-

(a) spouse (including a concubine);

(b)any person with whom the Crown servant is living in a
regular union as if man and wife;

(c) fiance fiancee;

(d) parent, step-parent, lawful guardian;

(e)spouse's parent, spouse's step-parent, spouse's lawful
guardian;

grandparent, great-grandparent;

(g) child, ward of court;

(h) spouse's child, spouse's ward of court;

(i) grandchild;

(j) child's spouse;

(k) brother, sister;

(4 spouse's brother, spouse's sister;

(m) half-brother, half-sister;

(n) step-brother, step-sister;

(o) brother's spouse, sister's spouse;

(p) brother's child, sister's child;

(q) parent's brother, parent's sister;

(r) parent's brother's spouse, parent's sister's spouse;

(s) parent's brother's child, parent's sister's child.

4. (1) Subject to sub-paragraph (2) a Crown servant is
permitted to solicit or accept any gift (whether of money or
otherwise), any discount, any loan of money or any air, sea or
overland passage given to or made available to a Crown servant
in his private capacity by a tradesman, firm, company,
organization or association

(a)by virtue of the terms on which the Crown servant's
spouse, parent or child, is employed; or

(b)by virtue of the membership of any organization or
association of the Crown servant or the Crown servant's
spouse, parent or child; or

(c)by virtue of the Crown servant being a regular
customer; or

(d) in the course of normal business.





(2) The permission given under sub-paragraph (1) shall only
apply where-

(a)the advantage is equally available on equal terms to
persons who are not Crown servants; and

(b)the donor of the advantage has no official dealings with the
department in which the Crown servant works.

5. (1) Subject to sub-paragraph (2) a Crown servant is
permitted to-

(a)solicit or accept a loan of money from a close personal
friend so long as the loan does not exceed $1,000 on any
one occasion and is repaid within 14 days;

(b)accept, but not solicit, a gift or gifts (whether of money or
otherwise) or any air, sea or overland passage from a close
personal friend given on an occasion such as the Crown
servant's birthday, wedding, wedding anniversary, engage-
ment or baptism or on any other occasion when gifts are
traditionally given or exchanged, so long as the total
apparent value of the gifts from any one person on any one
occasion does not exceed $1,000;

(c)accept, but not solicit, a gift or gifts (whether of money or
otherwise) or any air, sea or overland passage from a close
personal friend on any occasion other than one referred to
in sub-sub-paragraph (b), so long as the total apparent
value of the gifts from any one person on any one occasion
does not exceed $200.

(2) The permission under sub-paragraph (1) shall only apply
so long as-

(a)the close personal friend has no official dealings with the
department in which the Crown servant works;

(b)in the case of a close personal friend working in the same
department as the Crown servant, the close personal friend
is not subordinate to the Crown servant;

(c)in the case of a gift to which sub-sub-paragraph (b) or (c)
of sub-paragraph (1) applies, the Crown servant does not
attend the occasion on which the gift is given in his official
capacity or by virtue of the official position he holds at the
time he attends the occasion.

6. (1) A Crown servant is permitted to-

(a)solicit or accept a loan of money from any person (not
being a loan to which paragraph 4 applies) so long as the
loan does not exceed $500 on any one occasion and is
repaid within 14 days;

(b)accept, but not solicit, a gift (whether of money or other-
wise) or any air, sea or overland passage from any person





(not being a gift to which paragraph 4 or 5 applies) given
in connexion with a social or ceremonial occasion or on
any other occasion when gifts are traditionally given or
exchanged, so long as the total value or apparent value of
the gift does not exceed $500 from any one person on any
one occasion.

(2) The permission under sub-paragraph (1) shall only apply
so long as-

(a)the person offering the loan or gift has no official dealings
with the department in which the Crown servant works;

(b)in the case of such a person working in the same depart-
ment as the Crown servant, that person is not subordinate
to the Crown servant;

(c)in the case of a gift to which sub-sub-paragraph (b) of
sub-paragraph (1) applies, the Crown servant does not
attend the occasion on which the gift is given in his official
capacity or by virtue of the official position he holds at the
time he attends the occasion.

7. A Crown servant is permitted to-

(a)accept, but not solicit, a gift (other than a gift of money,
but including an air, sea or overland passage) given on the
Crown servant's retirement, or on other occasions, which
the Crown servant has been permitted to accept under any
Civil Service Regulations;

(b)solicit or accept any gift of money or loan of money
or other allowance or advance made or given out of
any Government staff welfare fund or permitted by the
Government under any Civil Service Regulations;

(c)solicit or accept any air, sea or overland passage provided
in accordance with any Civil Service Regulations.

8. (1) If a Crown servant wishes to accept any gift (of money
or in kind but not including a sea, air or overland passage), discount,
or loan of money which he does not have permission to accept under
paragraphs 3 to 7, he must, before or as soon as is reasonably
possible after being offered or presented with the gift, discount, or
loan of money, seek the permission of the approving authority to
accept it.

(2) The approving authority may-

(a) in the case of gifts other than money-
(i) permit the Crown servant to accept the gift either
unconditionally or subject to such conditions as the
approving authority may specify;
(ii) require him to return it to the donor;





(iii) require the gift to be handed to a charitable organization
nominated by the Crown servant and approved by the
approving authority; or

(iv) require him to dispose of the gift in such other manner
as the approving authority may direct;

(b) in the case of discounts-

(i) permit the Crown servant to accept or take the benefit of
the discount either unconditionally or subject to such
conditions as the approving authority may specify; or

(ii) refuse him permission to accept or take the benefit of the
discount and to require him to pay to the donor of the
discount an amount equal to the value of the discount;

(e) in the case of gifts or loans of money-

(i) permit the Crown servant to accept the gift of money or
loan of money, either unconditionally or subject to such
conditions as the approving authority may specify;

(ii) require him to return the money to the donor or lender;
or

(iii) require him to dispose of the money in such other
manner as the approving authority may direct.

(3) The Crown servant may, if he has complied with subparagraph
(1), retain the gift or loan in his possession or take the benefit of the
discount until a decision under sub-paragraph (2) has been notified to
him.

9. (1) If a Crown servant wishes to accept any air, sea or overland
passage which he does not have permission to accept under paragraphs
3, 4, 5, 6 and 7 he must, before or as soon as is reasonably possible after
being offered the passage or presented with the tickets or vouchers to
which the passage relates, seek the permission of the Chief Secretary or
the Secretary for the Civil Service to accept the passage.

(2) The Chief Secretary or the Secretary for the Civil Service may

(a)permit the Crown servant to accept the passage either
unconditionally or subject to such conditions as he may
specify;

(b) refuse him permission to accept the passage;

(c)require him to dispose of the passage in such other manner as
the Secretary for the Civil Service may direct.

(3) Where a Crown servant has sought the permission of the Chief
Secretary or the Secretary for the Civil Service to accept a passage and
the decision has not been notified to him, he shall not

Note; See Corrigandim, L.N. 79/8 1, Annexe 'A'.





make the passage or use the tickets or vouchers to which the passage
relates.

10. The Acceptance of Advantages Regulations, which were
published in the Gazette as Legal Notice No. 57 of 1971, are revoked and
that Legal Notice is accordingly cancelled.

By Command,

J. A. FROST,
Assistant Director

(Administration Branch). 17
February 1981.
1987 ED 1987 ED 1987 ED




L.N. 79 of 1981

ACCEPTANCE OF ADVANTAGES (GOVERNOR'S
PERMISSION) NOTICE 1981

CORRIGENDUM

It is hereby notified that the Acceptance of Advantages
(Governor's Permission) Notice 198 1. published as Legal Notice No. 57
of 1981, is corrected in paragraph 9(1) by substituting '5, 6 and 7 for '5
and 7.

Interpretation. General and special permission of the Governor. (Cap. 201.) Advantages from relations. Advantages from tradesmen, etc. Advantages from close personal friends. Advantages from other persons. Advantages from the Government. Permission of approving authority for advantages other than passages. Permission in respect of passages. * Revocation (Cap. 201, sub. leg.)

Interpretation. General and special permission of the Governor. (Cap. 201.) Advantages from relations. Advantages from tradesmen, etc. Advantages from close personal friends. Advantages from other persons. Advantages from the Government. Permission of approving authority for advantages other than passages. Permission in respect of passages. * Revocation (Cap. 201, sub. leg.)

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