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Quick facts about the Anti-Bribery Law in Hong Kong
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The POBO criminalizes bribery of and by public officials and private individuals in mainly Section 4 and Section 9 of the Ordinance.
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A bribe is not limited to monetary form only. The POBO provides a clear definition of “advantage”.
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“Advantage” includes money, gifts, loans, contracts, services, etc. but does not include “entertainment”.
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“Entertainment” means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with.
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“Hospitality”, such as ticket to a performance or sport event and hotel accommodation, is advantage, not entertainment under the POBO.
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There is no minimum value or threshold for an advantage to ‘qualify’ as a bribe.
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There is no exemption for so-called “facilitation payments” (small payments to fast-track a routine government action) under the anti-bribery law of Hong Kong.
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The bribe does not need to be actually accepted as long as an offer is made or an agreement is reached to offer or take a bribe, an offence is committed.
- “Custom” (e.g. trade practice of giving rebates to purchasing staff (買手)) won’t be accepted as a defence.
