What is corruption?

What is corruption?

According to the Prevention of Bribery Ordinance, corruption includes both giving and accepting bribes. Any public servant or employee of a private sector who takes advantage of their position to receive benefits, or any person who offers such benefits to them in expectation of gaining an advantage, may be in breach of the Ordinance.

Section 9 specifically applies to private sectors, stating that employees must not, without their employer’s consent, solicit or accept benefits in relation to the course of performing their duties. Likewise, no person may, without their employer’s consent, provide benefits to an employee to influence their conduct; otherwise, it constitutes an offence. The Ordinance defines “benefits” broadly, including money, gifts, commissions, positions, contracts, services, favours, or exemption from legal liability, etc.

Common forms of corruption in the construction sector include bid-rigging, acceptance of kickbacks or gifts, disclosure of tender documents, etc. There have been numerous convictions in the past. If such acts are involved, they may constitute a breach of section 9, resulting in criminal liability.